The Florida Department of Health will neither confirm nor deny that it’s investigating Dr. Thomas Shaknovsky, the Destin area surgeon who is accused of mistakenly removing an Alabama man’s liver instead of his spleen and causing his death during surgery.
According to FDOH’s website, the status of Shaknovsky’s medical license is “clear” and “active.” However, that doesn’t mean an investigation is not underway, it’s simply the way the state agency handles complaints. If a complaint against a medical practitioner is filed with FDOH, there is no public record of it until it has been investigated and only if probable cause is found to sustain the complaint will it then become public.
Patient dies on operating table: Alabama man dies in Destin hospital after surgeon removes wrong organ. How it happened.
“The Department of Health can either confirm nor deny the existence of any ongoing investigation or receipt of a complaint until 10 days after probable cause is found,” said Director of Communications for the Florida Department of Health Jae Williams. “Any disciplinary complaints that were filed, they’re not going to be available until after the Board of Medicine issues a finding.”
The explanation was provided after the News Journal filed a public information request for any public records FDOH has available for Shaknovsky, the 42-year-old surgeon who allegedly removed 70-year-old William “Bill” Bryan’s liver instead of his spleen. Bill Bryan died on the operating table on August 21, at Ascension Sacred Heart Emerald Coast Hospital in Miramar Beach, Florida, according to Bryan’s widow, Beverly, and her attorney.
Last month, the Bryans were visiting their condo in Destin, in Okaloosa County, when Bill began experiencing pain in his left-side. The retired boilermaker was hospitalized over suspected medical problems with his spleen. Although he and his wife said multiple times that they wanted to return to their home in Muscle Shoals, Alabama for surgery, according to medical records, Shaknovsky and the hospital’s chief medical officer, Dr. Christopher Bacani, told the Bryans that leaving would be against medical advice because he could experience potential deadly complications, like bleeding, infection or stroke, if he waited.
Beverly Bryan took part in a press conference after her husband’s death to warn others.
“We do not want this to happen to anyone else by this particular individual especially,” said Beverly. “I didn’t realize it takes so long for a doctor to lose a license. I thought it would be something, as soon as this was known, it would be immediate, but apparently that is not the case.”
According to the health department, all complaints are investigated to determine if there’s probable cause that the licensed medical professional operated outside of the standard of care. If the board determines a medical care provider operated outside the standard of care, any disciplinary actions would be carried out at the Florida Board of Medicine’s next board meeting.
Public records are available on the FDOH website regarding a case from last year that Shaknovsky settled for $400,000. According to a report filed with the Florida Office of Insurance Regulation, Shaknovsky mistakenly removed a portion of a patient’s pancreas instead of performing surgery on a “mass on the left adrenal gland,” which caused an “alleged abscess and infection from the removal of the pancreas tail.”
That surgery was also performed at Ascension Sacred Heart Emerald Coast Hospital in Miramar Beach. The insurance document states the patient suffered “permanent, non-disabling injuries” from the surgery including “loss or damage to organs,” and “minor – loss of fingers.” No details are given as to why the patient’s fingers were injured, but the pancreas is responsible for regulating the body’s blood sugar.
Beverly Bryan’s attorney, Joe Zarzaur of Pensacola, says he has not filed a medical malpractice lawsuit yet because Florida law requires parties to go through a “pre-suit period” where they determine if the issue can be resolved without filing a lawsuit. That process he said normally takes six to nine months.
The Walton County Sheriff’s Office is also looking into Bill Bryan’s death and says the investigation is still “active and open,” but there’s no timeline when it will be complete.
“This is an extremely complex case. I know there is a lot of concern from the public, but these types of cases take time,” said Walton County Sheriff’s Office Public Information Officer Corey Dobridnia.
In response to the incident involving Bill Bryan, Ascension Sacred Heart released the following statement: “We take allegations like this very seriously, and our leadership team is performing a thorough investigation into this event. Ascension Sacred Heart Emerald Coast has a longstanding history of providing safe, quality care since the hospital opened its doors in 2003. Patient safety is and remains our number one priority. Our thoughts and prayers remain with the family. We hold the privacy of our patients in the highest regard. We do not comment on specific patient cases or active litigation.”
In the meantime, the Florida Department of Health expects to release some public records on file for Shaknovsky including his applications for a Florida medical license. According to his physician profile on the FDOH website, Dr. Shaknovsky, an osteopathic physician, graduated from Midwestern University in 2009. He received his license to practice medicine in Florida in 2020.
This article originally appeared on Pensacola News Journal: Dr. Thomas Shaknovsky removed organ not spleen killing Florida man
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