I’ve worked with DOs here in the US, and seen them as doctors a couple of times. No difference between them and MDs here, though I’ve noticed some defensiveness on their part about the different designation. I assume that’s because people may think they’re chiropractors or something else and they get tired of explaining it.
So we may find this poor guy was under the impression this was an actual medical doctor and not some kind of quack. And while this does not appear to be an intentional homicide I’d say it falls under the category of ‘depraved indifference to human life’. Maybe not in France, and difficult to convict here in the US I suppose, but if it came before a jury here I could see a unanimous guilty verdict resulting.
The doctor in this case was a DO and presumably was licensed etc or he wouldn’t have had hospital privileges.
“Depraved indifference” has a meaning that usually doesn’t include negligence. It typically involves intentional behavior without a specific intent to harm or kill anyone , such as firing a gun into a crowd.
Many surgeons have a well deserved reputation for arrogance to the point of attacking and destroying the careers of other medical professionals who question them on even the smallest details. Not that this excuses the gross neglect and indifference to harm in not identifying the error and speaking up, but it is a pervasive problem in surgical medicine.
As others have noted, there is no way a competent physician or even a surgical nurse could ever have confused the spleen and liver. Not only do they look nothing alike and are on opposite sides of the body, the spleen has a dedicated blood supply (the splenic artery and vein) which would have to be tied off and which look nothing like that going to the liver. While there are conditions where the spleen can expand and grossly deform, the explanation the surgeon gave that the spleen had “migrated” to the location of the liver is totally nonsensical.
Resection of an entire organ, especially the liver, is the opposite thing from minimally invasive. And any medical student (much less licensed surgeon) who has gone through gross anatomy should be able to distinguish between the spleen and liver. There is really no excuse for this other than that the surgeon was intoxicated, mentally impaired through stroke or senility, or just so utterly incompetent that he should never have been granted license to practice any form of medicine much less internal surgery.
The family hasn’t filed a lawsuit yet because medical malpractice lawsuits in Florida must first go through a pre-suit process, which can take 6 to 9 months, Zarzaur said previously. The Walton County Sheriff’s Office also previously said that it was reviewing the facts of the case to determine “if anything criminal took place.”
Despite the emergency suspension of his license in Florida, Shaknovsky maintains an active license in Alabama, and as of press time it was not impacted by the Florida discipline.
They might wish to reject this bit if they’re all that tired of it (the link goes to Wiki):
One notable difference between DO and MD training is that DOs spend an additional 300–500 hours to study pseudoscientific hands-on manipulation of the human musculoskeletal system (osteopathic manipulative technique) alongside conventional evidence-based medicine and surgery like their MD peers.
Here’s a whole list of targets things to practice removing.