In Backward Florida, Doctors Don't Know Spleen from Liver

Alabama Man Dies in Florida After American Surgeon Mistook his Liver for his Spleen
Fri, September 6, 2024

An Alabama woman says she lost her husband in an unimaginable medical malpractice incident in which an American doctor removed her husband's liver instead of his spleen. 

Her husband, William Bryan, was wheeled into surgery to have his spleen removed. Instead, the doctor removed his liver by accident. In a statement, the hospital says "We take allegations like this very seriously, and our leadership team is performing a thorough investigation into this event. Patient safety is and remains our number one priority. Our thoughts and prayers remain with the family." 

Yup, that is what the woman always needed, more thoughts and prayers, rather than professional medicine that would have kept her husban alive and by her side. Thoughts and prayers in the ultra-religious backward boonies of Florida and Alabama are cheap: No insurance required.



William and Beverly Bryan were visiting Okaloosa County last month when William was hospitalized for suspected problems with his spleen. He died after the surgeon mistakenly removed his liver instead of his spleen.

This incident has brought Florida’s so-called “free kill” law, which is a strange outlier among wrongful death laws across the country, back into the spotlight.

On Aug. 21, medical records provided by Zarzaur Law show that Dr. Thomas Shaknovsky performed a hand-assisted laparoscopic splenectomy procedure on William “Bill” Bryan, 70, from Muscle Shoals, Alabama. Bryan’s family claims that during the surgery, the surgeon mistakenly removed his liver rather than his spleen, resulting in his death.

While this might seem like a clear-cut case of malpractice, Florida’s “free kill” law is a legal wall for adult children and other surviving families seeking legal recourse in cases where they believe malpractice may have taken place.

Florida’s “free kill” law is a provision in Section 768.21 in Florida Statutes that prohibits adult children and parents from filing medical malpractice lawsuits against doctors or hospitals when the victim is 25 years old or older. Here is why Florida passed this law: to prevent doctors from leaving Florida as a result of high insurance costs. Concerns for patients and their health is a very secondary issue.

Only surviving spouses and minor children can file medical malpractice claims under the current law. Florida is the only state whose wrongful death laws differentiate medical malpractice from other types of wrongful death. The law says,

"(8) The damages specified in subsection (3) shall not be recoverable by adult children, and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1)."

In the event that Bryan’s wife decides to seek a malpractice lawsuit against Shaknovsky, Florida’s “free kill” law would allow it. Florida Statute 768.21(2) explicitly states that the surviving spouse can “recover for loss of companionship and for mental pain and suffering from the date of the injury.”

Dr. Thomas Shaknovsky is a colon and rectal surgeon in Crestview, Florida, according to U.S. News & World Report. He’s associated with two hospitals: Ascension Sacred Heart Emerald Coast Hospital, in Destin, Florida, and Twin Cities Hospital, located in Niceville, Florida.

No charges have been filed against Dr. Thomas Shaknovsky, but the medical board could take months to revoke Shaknovsky's medical license, according to Zarzaur. A criminal investigation is also underway concerning Bill Bryan's death.

Bottom line: If you are visiting Florida or Alabama, avoid at all costs seeking medical practice there. You might end up unnecessarily losing some of your vital organs, and like Bill, your life. And you might lose your mind if you decide to stay very long.