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Florida Dentist Convicted of First-Degree Murder of Florida Statue University Law Professor

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Hartley Brooks, Law Clerk, The Health Law Firm

On November 6, 2023, a jury convicted a South Florida dentist of conspiracy to commit murder, solicitation of murder, and first-degree murder in the killing of his former brother-in-law. After more than three hours of deliberations, the jury delivered the verdict in the Second Judicial Circuit Court in Tallahassee, Florida.

The Relationship Between the Dentist and the Professor.

The Florida dentist’s sister was previously married to the Florida State University (FSU) Law professor. The couple separated in 2012 and divorced in 2013.

The couple battled in divorce court and for custody of their two children. The proceedings were very contentious. They argued over every detail of their children’s lives. The parents had 50/50 custody, and there was a court order that prevented the ex-wife from moving away.

The prosecution argued that the ex-wife’s family was desperate to get her and the children to move back to South Florida.

The Schemes For Relocation.

The ex-wife’s family allegedly concocted schemes that would allow the wife and children to move closer to them in South Florida.

One reported scheme was to convince the FSU Law professor to move to South Florida with the children by paying him $1,000,000. The ex-wife’s parents allegedly agreed to split the payment of the million dollars with the brother, the dentist. The ex-wife’s mother allegedly also told the dentist to threaten the devoutly Jewish father that they would enroll the children in a Catholic private school if he did not relocate to South Florida. Unfortunately for the FSU professor, the scheme that would ultimately occur was a murder-for-hire.

The Murder-For-Hire.

The dentist was then dating a woman who had connections to a criminal gang in North Miami. The dentist’s girlfriend testified against him, stating that the dentist first asked her about connecting him with a hit man in October 2013. She also said that he pressured her to move forward with the murder-for-hire in June and July 2014.

Two men were hired to execute the hit on the FSU Law professor. One was the father of the dentist’s girlfriend’s children, and the other was a gang leader in Miami.

The gang leader took a plea deal concerning the murder-for-hire. He is serving 19 years concurrent with a federal racketeering charge he previously served. He testified in the dentist’s trial. He said that he and his accomplice drove to Tallahassee and stalked the professor on July 18, 2014. When the professor returned to his home, the accomplice shot him twice. The professor was transported to the hospital after a neighbor called 911 but he died the next day in the hospital.

The gang leader testified that the dentist paid $100,000 for the hit men to kill the FSU Law professor. The payment was split between the gang leader, the accomplice and triggerman, and the girlfriend.

The girlfriend was sentenced to life in prison in 2022 for her involvement in the murder. In 2019, the triggerman was also sentenced to life in prison for his role in the killing of the professor. The gang leader is serving 19 years in prison for his involvement in the murder.

The Trial.

In his defense, the dentist testified that he played no role in the murder-for-hire. He claimed that he was the victim of an elaborate extortion scheme masterminded by the girlfriend.

The prosecution argued that the dentist and his family were so desperate to have the sister and her children back in South Florida that the dentist masterminded a murder-for-hire scheme.

After only approximately three hours of deliberation, the jury returned a guilty verdict to each charge: conspiracy to commit murder, solicitation of murder, and first-degree murder.

It is expected that the dentist will also lose his license to practice dentistry as a result of the conviction.

Contact Health Law Attorneys Experienced with Investigations of Dentists and Health Professionals Today.

The attorneys of The Health Law Firm provide legal representation to dentists, dental hygienists, physicians, nurses, nurse practitioners, CRNAs, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Bridges, C. A. “FSU professor Dan Markel’s killing: Everything to know about the murder-for-hire case.” Tallahassee Democrat. (25 October 2023) https://www.tallahassee.com/story/news/local/2023/10/25/dan-markel-florida-murder-case-brother-in-law-charlie-adelson-tallahassee-homicide-trial/71298187007/

Burlew, Jeff. “Man found guilty of murdering FSU law professor Dan Markel.” FSU News. (7 November 2023) https://www.fsunews.com/story/news/2023/11/07/man-found-guilty-of-murdering-fsu-law-professor-dan-markel/71487542007/

Royal, Denise. “Man charged in murder-for-hire of FSU law professor convicted on all counts.” CNN. (7 November 2023) https://www.cnn.com/2023/11/07/us/fsu-professor-charles-adelson-murder-conviction/index.html

Minksy, David. “Dentist Found Guilty of Murdering Fla. Law Professor.” Law360. (6 November 2023) https://www.law360.com/articles/1751533/dentist-found-guilty-of-murdering-fla-law-professor-

About the Authors: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Hartley Brooks is a law clerk with The Health Law Firm. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or toll-free: (888) 331-6620.

Attorney Positions with The Health Law Firm. The Health Law Firm is always looking for qualified attorneys interested in health law practice. Its main office is in the Orlando, Florida, area. If you are a member of The Florida Bar and are interested, forward a cover letter and your resume to: [email protected] or fax to: (407) 331-3030.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2024. George F. Indest III, The Health Law Firm. All rights reserved. No part of this work may be published or used in any medium for any purpose without the copyright owner’s written permission. The copyright owner/creator reserves the right to have his name associated with all parts of this work.

10 Biggest Mistakes Dentists Make That Cause DOH Complaints

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In representing dentists in complaints against their licenses, we see similar cases over and over again. The dentists could have avoided many Department of Health (DOH) complaints that may wind up before the Board of Dentistry.

These are the ten biggest mistakes we see dentists make, leading to DOH complaints being filed and investigations being opened against them.

1. Requiring patients to pay an outstanding dental bill before releasing a copy of their dental records. This is prohibited by law. However, the patient can be charged for the copy of the record, up to $1.00 per page for the first 25 pages, ($.25 per page after that), and actual costs of reproduction for other forms of dental records (X-rays, CD’s photographs).

2. Not having the original patient x-rays or a good digitized copy. Believe it or not, many dentists we have represented either gave their x-rays to the patient or sent them to a subsequent treating dentist. Always release copies (for which you may charge). Always keep the originals. (Not having them when needed). With the expanding use of digital x-rays stored in an electronic dental record, this is not so problematic as it was in the past.

3. Accepting a new patient who has had more than one other primary dentist within the prior five years (when the patient hasn’t relocated to a new geographical area). Unhappy, disgruntled, unrealistic patients will change dentists often. Identify these patients early and refuse to accept them as your patients or terminate them as patients as soon as you identify them. Closely related to this is accepting or failing to terminate the “disgruntled” patient. If a patient is a chronic complainer or threatens to sue or file a complaint, this is a patient who will, most likely, never be satisfied. Terminate this patient immediately.

4. Failing to fully inform the patient of possible less-than-desirable outcomes (documenting this in writing, preferably signed by the patient). This includes but is not limited to the fact that there may be subsequent pain or infection, that the bite may be less than perfect and may have to be adjusted, that a bridge or other fixture may not fit correctly and may need to be adjusted, etc.

5. Failing to have and use appropriate consent forms including, but not limited to:

a. Refusal of a treatment consent form

b. Consent for less than optimal dental treatment (to use when a patient refuses to follow dentist’s recommended treatment plan). This is also called “Refusal of Recommended Treatment.”

c. Root Canal consent form
d. Tooth Extraction
e. Endodontic procedures
f. Dentures and bridges

6. Failing to refund dental fees when complaining patients demand it. We do not routinely recommend that you refund dental fees based solely on a patient’s demand that you do so. In many cases, the patient will have benefited from the treatment, procedure, or appliance, and should pay for it. However, in many instances, this must be a business decision based on risk management principles. It is always a good idea to weigh the amount in attorney’s fees, time, and aggravation, mental anguish, or increase in insurance premiums that will result if you fail to refund demanded fees. Base your decision on a calculation of how likely it is that a complaint will result.

7. Failing to have good, legible, comprehensive treatment records on the patient. A documented, comprehensive written treatment plan signed by the patient is mandatory in all cases except emergency cases and specialty consults. This also includes failing to prepare and maintain a periodontal chart on a patient. If you are going to treat and follow a patient for more than an emergency visit or a specialty consultation, you should perform a periodontal exam. Just as important, the Board of Dentistry will expect you to chart this on a periodontal chart.

8. Failing to document the type of and amount of a drug administered, a sedative used, a compound used, etc. Be sure this is accurately stated in your chart. Be sure this is accurately billed with the correct billing code.

9. Failing to give patients a copy of their dental chart within a reasonable period of time after requested. (The courts usually define “reasonable” as 14 calendar days or ten business days; however, the Board of Dentistry allows up to 30 days. If you can reasonably provide it earlier, do so, documenting the date.

10. Producing only part of the complete dental chart to the patient, subsequent treating dentist, or DOH investigator when requested. This has become more problematic as dentists’ convert more and more into electronic dental records. Be sure to print out and produce all treatment plans, histories, physical exams, family history questionnaires, medical history questionnaires, informed consent forms, photographs, treatment plans, x-rays, periodontal charts, progress notes, daily journal entires, bills, correspondence with health insurers or other third-party payers. Also included are prior dentists’ records received, operative reports, or any other documents you have relating to the patient’s treatment.

These are not hard and fast rules. We cannot assure you that you will never receive a DOH complaint, a patient complaint, a grievance, or a lawsuit if you follow them. However, if you follow them, you will probably find your patients happier, your practice calmer and more productive, and your risks of having a complaint filed significantly reduced or eliminated.

Click here to read one of my prior blogs about DOH complaints and investigations.

Contact Health Law Attorneys Experienced with Investigations of Dentists and Health Professionals Today.

The attorneys of The Health Law Firm provide legal representation to dentists, dental hygienists, physicians, nurses, nurse practitioners, CRNAs, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or toll-free: (888) 331-6620.

KeyWords: Legal representation for Department of Health (DOH) investigations, legal representation for DOH complaints, licensure defense attorney, DOH defense attorney, representation for DOH cases, DOH complaint representation, representation for dentists, dental law defense attorney, dentist representation, health law defense attorney, legal representation for health care professionals, legal representation for disciplinary actions against your license, legal representation for license revocation, licensure defense attorney, administrative complaint attorney, legal representation for administrative complaints, legal counsel for Board representation, Board of Dentistry representation, Board of Dentistry defense lawyer, The Health Law Firm, health law defense attorney, Florida health law attorney, reviews of The Health Law Firm, The Health Law Firm attorneys review

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999. Copyright © 2021 The Health Law Firm. All rights reserved.

10 Biggest Mistakes Dentists Make That Cause DOH Complaints

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In representing dentists in complaints against their licenses, we see similar cases over and over again. The dentists could have avoided many Department of Health (DOH) complaints that may wind up before the Board of Dentistry.

These are the ten biggest mistakes we see dentists make, leading to DOH complaints being filed and investigations being opened against them.

1. Requiring patients to pay an outstanding dental bill before releasing a copy of their dental records. This is prohibited by law. However, the patient can be charged for the copy of the record, up to $1.00 per page for the first 25 pages, ($.25 per page after that), and actual costs of reproduction for other forms of dental records (X-rays, CD’s photographs).