Surpassing:Family of deceased Alabama man claims surgeon removed liver, not spleen, before his death

The Surpassingfamily of an Alabama man said 70-year-old William Bryan died after his liver was mistakenly removed during a medical procedure at a Florida hospital where Bryan went to have his spleen removed

Bryan went to Ascension Sacred Heart Emerald Coast Hospital in Walton County, Florida on Aug. 18 for a splenectomy, according to an operative report obtained by USA TODAY through Joe Zarzaur, the Bryan family's attorney.

Thomas Shaknovsky, a surgeon at the hospital, performed the procedure after discussing the "risks, benefits and alternatives" with Bryan and his wife, Beverly, the operative report says. Once the procedure was complete, instead of removing Bryan's spleen as intended, his liver was removed, according to a surgical pathology report Zarzaur provided to USA TODAY.

"I have the pleasure of representing Mrs. Bryan and her family. Unfortunately, we represent her in one of the most egregious cases of medical malpractice that I've ever been involved with," Zarzaur said during a news conference on Tuesday.

A spokesperson for Ascension emailed a statement to USA TODAY on Tuesday saying: "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 2001," the statement continued. "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."

Medical examiner found spleen still in William Bryan's body during autopsy

Before the surgery, Bryan began suffering "severe abdominal pain" while on vacation with his wife at their condo in Destin, Florida, according to Zarzaur. Shaknovsky diagnosed him with hemoperitoneum and splenic injury, or bleeding of the spleen, the operative report says.

Beverly Bryan initially elected to hold off on surgery until the couple got back to their home in Alabama, but she said Shaknovsky told her that her husband would bleed to death if he was transported in his current condition, Zarzaur said.

During the surgery on Aug. 21, Bryan died from massive blood loss after the removal of the "large" spleen, according to the operative report.

"Case was discussed at length with patient's wife and family and they were updated on unfortunate developments," the report continued. "All events regarding the surgery were discussed with the family. All questions were answered."

Following the procedure, a pathologist realized that the removed organ labeled "spleen" was actually liver tissue, according to Zarzaur. Once an autopsy was done on Bryan, the medical examiner determined that his liver was gone and his spleen was still in his body with a cyst attached to it, the attorney said.

"The spleen had a small cyst on it that had some hemorrhage around it, but it was not a fatal issue," Zarzaur said. "It was a fairly routine-looking cyst. It probably would have been very treatable."

'They took him from us'

Beverly Bryan spoke during the news conference Tuesday and called her husband of 33 years "such a good man."

"I was lucky enough to be the wife of William Bryan, who's also known as Bill Bryan, and I'll always be grateful for the time that I had with him," she said. "We have three children (and) eight grandchildren and they're grateful for the time that they had with him too."

Beverly Bryan said her family is "heartbroken and angry that Bill isn't here due to the incompetence of the doctors involved in the negligence of the Ascension Hospital."

"They took him from us while he was completely helpless on the operating table," she said. "They removed his liver instead of his spleen, so of course, he bled to death on the operating table."

She called her husband's death "unnecessary and brutal," and said her family and their community in Alabama is "devastated."

"He brought joy to every life that he ever touched," Beverly Bryan said about her husband. "He was the best husband and father that I could have possibly asked for... I'll get through this and I'm going to be strong for him because he deserves justice for this."

Will Thomas Shaknovsky be held criminally and civilly liable?

A complaint has not been filed as of Tuesday because, per Florida law, a six to nine-month pre-suit process must take place before filing a formal medical malpractice lawsuit with the court, Zarzaur said. Bryan's family and Zarzaur do intend to file a lawsuit, but the current cause for concern is that Shaknovsky may still be practicing medicine, according to the attorney.

"This doctor was still treating patients, and apparently still had access to hospitals and operating rooms, which I don't think he should," Zarzaur said. "Mrs. Bryan obviously doesn't feel like he should ever step foot in a hospital or operating room ever again."

The medical board could take months to revoke Shaknovsky's medical license, according to Zarzaur. The attorney said he's also been in contact with people who have told him they saw the surgeon in the last week.

A criminal investigation is also underway concerning Bryan's death, Zarzaur said, adding that all questions about this should be asked to the Walton County Sheriff's Office. The sheriff's office emailed a statement concerning the situation to USA TODAY on Tuesday.

"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 involving the death of William Bryan to determine if anything criminal took place," the statement said. "At this time, it would be incorrect to say criminal charges have been filed."

"Our agency asks for the public's patience as these cases are extremely complex and take time to investigate. The only reliable source of information regarding any criminal case will come from our office. At this time, any records regarding this case are exempt from public disclosure so as not to impede an ongoing investigation "

Thomas Shaknovsky involved in 2023 surgical mishap

Another incident involving Shaknovsky was settled in 2023 when he intended to take out an adrenal gland off somebody's kidney, but he ended up taking out a part of their pancreas, Zarzaur said.

The case was settled during the pre-suit process for a confidential amount, so no lawsuit was filed against the surgeon or Ascension Sacred Heart Emerald Coast Hospital, according to the attorney.

"That one got swept under the rug," he said. "Here we are in a case after that."