Medical malpractice

Dear Readers, Attempts have been made in Georgia to make it harder to sue and be compensated for your losses.  The moniker is “Tort Reform.” It is sold to us as a financial panacea.  Proponents never really draw the clear connective line between legislative measures and financial benefits … You just have to trust them.

Now and then, we are reminded of the folly of handcuffing trial attorneys from helping clients seek justice.  Yes, there are excesses, and not every attorney is ethical, but the more we try to limit citizens’ right to a constitutional right, a civil jury trial, the more we cause ourselves self-harm.

Nowhere has the push for “Tort Reform” been more prominent than in medical malpractice lawsuits.  The reality is that it is prohibitively expensive to bring a malpractice claim; only the most catastrophic cases see the light of day.  And, our healthcare expenses continue to rise above the rate of inflation.  Yet, we are told we need reform.  Let’s look at some examples.

Azaylee was born at Jordan Valley Medical Center (West Valley City, Utah) on October 14, 2019, to her proud parents, Anyssa Zancanella and Danniel McMicheal.  The assigned nurses had finished their training (literally, the day of admission), while the on-call doctor slept.  Ms. Zancanella was administered dangerous levels of labor-inducing drugs.  This did not have the intended result, and a long overdue C-Section was performed a day later.

This shoddy care caused severe damage.  Azaylee was born with bruising and a misshapen head.  Moreover, she suffered permanent brain damage, requiring 24/7 care (because of seizure risk), is mostly non-verbal, and will never be able to function independently.

There was a 3-day bench (non-jury) trial before Judge Patrick Corum in August of last year.  He was appalled at Steward Health Care’s (the hospital owner) negligence.  He awarded Azaylee’s parents just shy of $1 billion in damages, the largest damages award ever in Utah.  

In announcing his verdict, Judge Coru said, “Literally, this was the most dangerous place on the planet for her to have given birth…. The person [Azaylee] was to be, the person she deserved to be, is trapped inside a brain-damaged child.  I cannot think of anything more profound, total or complete than that loss.”

The tragedy is that the family may never collect a dime.  You see, Steward filed for bankruptcy and is trying to use that to weasel itself out of facing financial responsibility.

Next up is the fatal butchery of Thomas Shaknovsky at a Florida hospital.  On August 21, 2024, William Bryan, a 70-year-old Navy veteran, was scheduled to have his spleen removed.  He battled with Shaknovsky for 3 days to avoid surgery; he wanted to go home (Muscle Shoals, Alabama).

Eventually, Mr. Bryan relented and agreed to minimally invasive surgery, laparoscopic removal of his spleen (which was ultimately unnecessary).  This ended up as a full-blown open-body surgery because Shaknovsky was confused about what he was seeing.  Then, instead of excising the spleen, the good doctor removed Mr. Bryan’s liver, causing him to bleed out.  

Shaknovsky tried to convince his colleagues in the operating room that the removed organ really was the spleen (it wasn’t).  According to state documents, “One staff member felt sick to their stomach.”  This butcher had to settle a prior lawsuit for $400,000.00 for removing part of a pancreas instead of the adrenal gland. 

Thomas Shaknovsky no longer has a medical license.  Thanks to a Walton County, Florida, Grand Jury’s Indictment, he is now facing manslaughter charges.  He has been released from jail on bond.

Last on our list of medical horrors is Scott’s Pure Dental Health in Buckhead in Atlanta.  Justin Scott had his license suspended and his practice shuttered because he was deemed a “threat to public safety” by the Board of Dentistry, which acted on an emergency basis in March.  

The Board had received complaints of poor care and employees providing unlicensed dental care.  Among them, one patient said she was at risk of losing her front teeth from his treatment plan.  Another had an implant that caused bone necrosis.

It is unlikely any of these dental patients can sue for malpractice; their claims are likely not worth enough money.  At least, there is some justice.  Dr. Scott had been trying to sell his practice for $2.1 million; now, the best offer he has received was for $300,000.00.

Medical providers can heal; they can cause great destruction.  We need to be able to sue for compensation.

Warner Robins attorney Jim Rockefeller is the former Chief Assistant District Attorney for Houston County, and a former Assistant State Attorney in Miami.  Owner of Rockefeller Law Center, Jim has been in private practice since 2000.  E-mail your comments or confidential legal questions to ajr@rockefellerlawcenter.com.