A recent incident involving a Florida surgeon removing a liver when he was meant to remove a spleen 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.
Here’s what to know about Florida’s “free kill” law .
What is Florida’s ‘free kill’ law?
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.
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.
Here’s the provision’s text:
(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).
What’s the history behind Florida’s ‘free kill’ law?
Florida’s “free kill” law was implemented in 1990. The original intent behind the law was to prevent doctors from leaving Florida as a result of high insurance costs.
Have there been legal challenges to Florida’s ‘free kill’ law?
Many advocacy groups have worked over the years to try and repeal Florida’s “free kill” law, but none have been successful.
The latest effort was Florida HB 77, titled Recovery of Damages in Claims for Medical Negligence . It was introduced during Florida’s 2024 legislative session but died in Civil Justice Subcommittee on March 8.
Does Florida’s ‘free kill’ law apply against Dr. Shaknovsky?
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.”
Who is Dr. Thomas Shaknovsky?
Dr. Thomas Shaknovsky is a colon and rectal surgeon in Crestview, Florida, according to U.S. News & World Report.
Where does Dr. Thomas Shaknovsky practice?
Dr. Thomas Shaknovsky practices medicine in Florida. He’s associated with two hospitals: Ascension Sacred Heart Emerald Coast Hospital, in Destin, Florida, and Twin Cities Hospital, located in Niceville, Florida.
What charges is Dr. Thomas Shaknovsky facing?
No charges have been filed against Dr. Thomas Shaknovsky
Under 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, he said.
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.
The Walton County Sheriff's Office emailed a statement to USA TODAY, saying:
"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.
"At this time, it would be incorrect to say criminal charges have been filed."
Dr. Thomas Shaknovsky education
Dr. Thomas Shaknovsky received his medical degree from Chicago College of Osteopathic Medicine at Midwestern University, and he’s been in practice for more than a decade.
This article originally appeared on Pensacola News Journal: Florida 'free kill' law is back in the spotlight after surgeon removed liver instead of spleen
Most Popular
Comments / 0