A Tragic Case of Medical Malpractice: The Wrong Organ, a Lifeless Patient, and a Hospital’s Silence
The death of William Bryan, a 70-year-old Alabama resident, under the care of Florida surgeon Thomas Shaknovsky has brought to light a devastating case of alleged medical malpractice. The Bryan family alleges that Shaknovsky mistakenly removed Bryan’s liver instead of his spleen during a planned laparoscopic splenectomy, ultimately leading to Bryan’s death. This incident, far from an isolated event, marks the second time in two years that Shaknovsky has been accused of removing the wrong body part during a surgical procedure.
A Misdiagnosis and a Fatal Mistake
The ordeal began when Bryan and his wife Beverly were visiting their rental property in Florida. Bryan experienced pain in his left side, and he was admitted to Ascension Sacred Heart Emerald Coast Hospital in Walton County, with suspicion that his spleen was causing the discomfort.
Shaknovsky and Christopher Bacani, the hospital’s chief medical officer, convinced the Bryan family that an urgent surgery was necessary, warning of potential serious health complications if they delayed. On August 21, 2024, Shaknovsky and his surgical team proceeded with the splenectomy. However, according to the lawsuit filed by Zarzaur Law, representing the Bryan family, the surgical team removed the liver instead of the spleen.
The lawsuit alleges that not only was the wrong organ removed, but also that Shaknovsky severed the liver’s major blood supply, leading to massive internal bleeding. The sheer size and location of the liver on the right side of the body, significantly larger than the spleen on the left, make the alleged error particularly perplexing.
Shaknovsky, according to the lawsuit, mislabeled the excised organ as the spleen, telling the family it had migrated to the opposite side of the body and been enlarged due to illness. Only after Bryan’s death was the true nature of the removed organ confirmed.
A Pattern of Alleged Surgical Errors
Shockingly, this is not the first time that Shaknovsky has been implicated in a similar surgical mishap. In 2023, Shaknovsky allegedly mistakenly removed part of a patient’s pancreas while aiming to remove the adrenal gland. This incident, according to the lawsuit, resulted in a confidential settlement between Shaknovsky and the patient. Despite this previous accusation, Shaknovsky remained employed at Ascension Sacred Heart Emerald Coast Hospital until August 2024.
The hospital, in a statement to NBC News, acknowledged Bryan’s death and announced an investigation into the incident. "Patient safety is and remains our number one priority," they stated. The hospital, however, refrained from commenting on specific details of the case or pending legal proceedings.
Law Enforcement and Public Scrutiny
Beyond the legal ramifications, the incident has attracted the attention of both the Walton County Sheriff’s Office and the Office of the State Attorney, who are reviewing the facts surrounding Bryan’s death to determine whether any criminal charges are warranted.
Beverly Bryan, in a statement released through her lawyers, expressed her profound grief and her determination to prevent future tragedies. "My husband died while helpless on the operating room table by Dr. Shaknovsky. I don’t want anyone else to die due to his incompetence at a hospital that should have known or knew he had previously made drastic, life-altering surgical mistakes,” she said.
This case raises critical concerns about the responsibility and accountability of medical professionals, and the potential negligence of institutions. It also highlights the vulnerability of patients during medical procedures, and the need for enhanced safety protocols and thorough investigation of medical errors.
Navigating the Complexities of Medical Malpractice Law
The Bryan family’s legal action against Shaknovsky presents a complex case of medical malpractice. Medical malpractice lawsuits are civil cases seeking financial compensation for injury or death caused by a healthcare professional’s negligence. To establish medical malpractice, plaintiffs need to prove four key elements:
- Duty of care: The healthcare provider had a professional duty to care for the patient.
- Breach of duty: The provider failed to meet the accepted standard of care in their profession.
- Causation: The provider’s breach of duty directly caused the patient’s injury or death.
- Damages: The patient suffered demonstrable damages, such as medical expenses, lost wages, or pain and suffering.
In Bryan’s case, the lawsuit alleges that Shaknovsky’s actions directly violated the standard of care by removing the wrong organ, causing Bryan’s death. The legal battle will likely focus on proving these elements, and the resulting financial compensation that the Bryan family may receive.
A Call for Action: Transparency and Accountability
The Bryan family’s case serves as a stark reminder of the paramount importance of patient safety and the need for transparency and accountability in healthcare. It raises several crucial questions that demand closer examination:
- How did a surgeon, accused of a grave error in the past, remain employed at the hospital? Did the hospital adequately investigate the previous incident and take sufficient measures to prevent such a tragedy from repeating?
- What safety protocols were in place to prevent the removal of the wrong organ? Were these protocols sufficient, and were they effectively implemented in Bryan’s case?
- Is there a need for increased oversight and regulatory scrutiny of surgeons and hospitals to ensure patient safety?
- What steps can be taken to improve the communication and transparency between patients, medical practitioners, and hospitals?
This tragic case serves as a powerful call to action for patients, healthcare providers, and regulatory bodies. It demands a renewed focus on ensuring patient safety, prompting a fundamental reassessment of medical practices and safeguards. Ultimately, the Bryan family’s pursuit of justice may lead to significant changes in how healthcare professionals and institutions operate, ensuring that a similar tragedy is never repeated.
