Reading the report that was posted last time this was discussed it was equally the fault of the hospital as it was the doctors. Apparently he had a bunch of botched surgeries before this one, he was sent to a Continuing Medical Education (CME) program where he failed his evaluation, and he was allowed to take it again after the hospital intervened and he came back to work.

The hospital had reporting systems that nurses and tech were supposed to use to report issues such as these, nobody did even though after they were interviewed they said they had concerns about that specific doctor such as him being late to scheduled operations and other issues. Some nurses stated that they would not bring family to the hospital if they knew that specific doctor was on rotation. The operation where he killed this guy also started late in the afternoon and the doctor didn't perform a splenectomy before this one.

The operation report was also quite surreal. Apparently they started the surgery laparoscopically but then the doctor decided to convert it into a normal surgery because he couldn't see properly. Once they opened the guy the nurses noticed that he had an enlarged colon that was blocking most of the surgical field and this was not mentioned in the post-op report even once. Then the doctor started cutting and caused a hemorrhage that made what visibility there was even worse. He continued the operation and removed what he called the spleen. Most of the operating tech immediately noticed it wasn't the spleen since even an enlarged spleen doesn't usually get over 800 grams. The thing he pulled out was almost 2 kilograms. Also apparently a different surgeon walked into the room and pointed at the organ on the table and asked what that is. The doctor said: "It's the spleen." to which the other surgeon retorted: "That's no fucking spleen" before storming out. Then they sent it to a pathologist which said that he didn't even need to put it under the microscope to see that it wasn't a spleen.

The coroner that did the autopsy of the dead man stated that the spleen was untouched in the place where it should be but the liver has been surgically resected with the surgeon cutting through the portal vein without any evidence of clamping.

Edit: Here is the report if anyone wants to look through it themselves.

https://zarzaurlaw.com/wp-content/uploads/2024/10/AHCA-Report-1.pdf

What colour is a spleen typically? Even doubled in size a spleen can't be as big as a liver that's distinctly shaped, takes up much of the body cavity, and known to have a reddish brown colour that's fairly distinct.

... comparing this surgeon's patient survival rate to that of other surgeons should determine whether he is to blame.

If his patients are significantly more likely to die than on average, it is probably the surgeon's fault. If he has a pristine record, on the other hand, it was probably beyond his control.

Disgraced doctors that can't be hired for insurance reasons get hired by health insurance to deny claims too, as per propublica. I think one of their examples was a doctor from florida too.

I think it's this one: https://www.propublica.org/article/mental-health-insurance-denials-unitedhealthcare-cigna-doctors

That's basically the function of most state medical licensing boards. They primarily act as lobbying organizations on behalf of their members to limit civil/legal liability, and to bring a sense of internal regulatory action. My state license costs thousands of dollars a year and is necessary to practice, but all they do is ask me once a year if I've committed any crimes or are currently addicted to any illicit substances.

A bunch of physicians like to bitch about malpractice suits making the field difficult to work in, but in reality you really almost have to be acting maliciously to lose a case. For example the last guy in my city to have lost a malpractice case in my field was years ago, and it was because he forgot to order a titanium rod for spinal fusion and installed the shaft of a stainless steel screwdriver instead. Like.... Yeah buddy, you should be in jail.

There was a post about this case a month or two ago on Lemmy. I can’t find the link right now, I’m sorry. But in there, someone had posted a link to the case files for the court. You could see summaries of testimony from multiple nurses and scrub techs. The short version was that many of them had strong reservations about the surgeon prior to this case due to other errors. When this case happened, they were all pretty certain it was not the spleen immediately.

Like, wouldn’t you see he was working on the wrong side of the abdomen? Investigate everyone in that operating room IMO

According to the article the patient was actively bleeding to death at the time, so he (and everyone else) was frantically trying to save his life:

“It was like a overflown sink that’s clogged up, and I am looking for a fork at the bottom, trying to feel and find the bleed, and I was not able to do so,” Shaknovsky said. He added: “After 20 minutes of struggling – desperately trying – to save his life, that’s when the wrong-site event took place.

Not the onion.

Not the spleen either.

Yeah.... Florida is kinda known in medicine as a place to go if you want to do a bunch of fraud. The regulations are laxed and it has a massive population of elderly people without nearby family members to advocate for their care.

It used to be a bunch worse before Obamacare passed and reimbursement became tied to patient outcomes. I think at one point over half of the medical fraud in my field was happening in florida alone.

TIL Some Florida Men are also surgeons. I mean, in retrospect, it always had to be true, I'd just never really thought about it before.

Oh wow... a whole bunch of Florida Men are rocket scientists... I think my brain just broke.

Well, good news: the patient is not really feeling any pain (or anything at all for that matter).