Florida surgeon Dr. Thomas Shaknovsky is facing a significant lawsuit after mistakenly removing a patient's liver instead of his spleen, a fatal error that has reignited debates over Florida's controversial "free kill" law.
William Bryan, 70, was visiting Florida with his wife when he began experiencing severe abdominal pain and was quickly hospitalized and diagnosed with a spleen abnormality.
Dr. Shaknovsky and the hospital's Chief Medical Officer, Dr. Christopher Bacani, persuaded the Bryan's that immediate surgery was necessary.
The splenectomy was scheduled for August 2024 at the Ascension Sacred Heart Emerald Coast Hospital in Miramar Beach.
Bryan's family claims that during the surgery, the surgeon mistakenly removed his liver rather than his spleen, resulting in his death.
While this may appear to be a straightforward case of malpractice, Florida's "free kill" law creates a significant barrier for adult children and surviving families seeking legal recourse in such cases.
Over the years, numerous advocacy groups have attempted to repeal Florida's "free kill" law, but none have been successful.
What is Florida's 'Free Kill' Law?
Florida's "free kill" law, detailed in Section 768.21 of the state statutes, bars adult children and parents from filing medical malpractice lawsuits if the victim is 25 or older.
Instead, only surviving spouses and minor children can pursue such claims.
Notably, Florida is the only state that distinguishes medical malpractice from other types of wrongful death in this way, according to the Penascola News Journal.
Florida actually implemented its "free kill" law in 1990, originally aiming to prevent doctors from leaving the state due to high insurance costs.
Should Bryan's wife decide to file a malpractice lawsuit against Shaknovsky, Florida's "free kill" law would permit it.
Florida Statute 768.21(2) specifically states that the surviving spouse can "recover for loss of companionship and for mental pain and suffering from the date of the injury," explained Pensacola Review.
Charges have yet to be filed against Dr. Shaknovsky; however, there is an active criminal investigation into William Bryan's cause of death.
Bryan's family and Zarzaur Law, a personal injury law firm representing the family, do intend to file a lawsuit.
