A man from Alabama entered a Florida clinic for surgery to remove his spleen. Zarzaur law provided medical records to USA Today on Aug. 21 that show “Dr. Thomas Shaknovsky conducted a laparoscopic hand-assisted splenectomy” on William “Bill” Bryan from Muscle Shoals in Alabama.
Bryan’s wife claims that Shaknovsky removed Bryan’s liver by mistake instead of his spleen.
The statement of the law firm stated that “Dr. Shaknovsky, while removing Mr. Bryan’s organ, also transected the major vessels supplying his liver, which caused immediate and catastrophic bleeding, leading to death.” The surgeon labeled the liver removed as a “spleen” and it wasn’t discovered until after the death of Mr. Bryan that the organ removed was his liver.
Bryan was visiting his Florida rental property and began experiencing extreme pain on his side. The couple were hesitant to undergo surgery in Florida, but Dr. Schaknovsky and Dr. Christopher Bacani (chief medical officer of the hospital) convinced them to proceed.
The law firm claims that doctors were not immediately able to determine the cause of death for Bryan. The liver was not discovered until after the surgery when the organ was removed.
The Cleveland Clinic reports that the average human spleen measures about the same size as an avocado and the average human liver measures around the same size as a football.
It is not surprising that Shaknovsky mistook one organ for another.
NBC News:
Zarzaur reported that Shaknovsky made a similar error in 2023 when he removed portions of the pancreas, instead of an adrenal, in a private case.
On Wednesday afternoon, it was not immediately clear what Shaknovsky and Bacani’s employment status was. No comment was received from them.
Walton County Sheriff’s Office stated in a press release that the authorities are currently investigating Bryan’s death.
The Walton County Sheriff’s Office, in conjunction with the District 1 Medical Examiner’s Office (and Office of the State Attorney) is reviewing the facts relating to the death of William Bryan. They are determining if there was any criminal activity.
Is this a clear case of malpractice? Not quite. Florida has some bizarre laws governing malpractice, such as a “free-kill” law which bars all family members from suing except for the spouse and minor child.
Florida’s “free-kill” law is Section 768.21 of the Florida Statutes. It prohibits parents and adult children from bringing medical malpractice suits against doctors or hospitals if they are 25 years or older.
Under the current law, only surviving spouses or minor children may file a medical malpractice claim. Florida’s wrongful death laws distinguish medical malpractice from all other types of wrongful deaths.
According to the law firm, “Under Florida law, there is a pre-suit period of six to nine months before a formal lawsuit for medical malpractice can be filed with the court.” The Florida medical board may take several months to revoke Shaknovsky’s medical license.
He’s also free to practice weaponized medical treatment in Florida.
