Nationwide — Fernando Cluster is pursuing legal action against Emory University Hospital Midtown in Atlanta, Georgia, accusing the hospital of losing a portion of his skull following brain surgery. According to the lawsuit, Cluster underwent surgery in September 2022 after suffering a stroke, during which a portion of his skull, known as a bone flap, was removed. The bone flap was intended to be reattached in a follow-up surgery planned for November 2022.<--more-->However, according to Atlanta News First, when the time came for the second surgery, Emory Hospital reportedly could not locate Cluster’s bone flap. The lawsuit alleges that the hospital had several bone flaps in its possession, but many were missing proper patient identification. As a result, the hospital could not confirm which bone flap, if any, belonged to Cluster. Due to this issue, a synthetic replacement for the bone flap had to be created.
The creation of the synthetic bone flap extended Cluster’s hospital stay by 12 days, adding significant stress to an already challenging situation. Unfortunately, the synthetic flap later became infected, necessitating yet another surgery. This added complication not only increased Cluster’s recovery time but also escalated his medical bills.
Hospitals, despite their commitment to patient care, are not immune to making mistakes, and when these errors occur, the consequences can be severe. In this case, the alleged mishandling of Cluster’s bone flap is a stark reminder of the potential for errors in medical settings, where precise identification and careful management of patient materials are critical.
As a result of these complications, Cluster reportedly incurred $146,000 in medical expenses, which includes charges for the additional surgeries and the extended hospital stay. The lawsuit claims that Emory Hospital was negligent in its duty to provide standard care, leading to both physical and emotional distress for Cluster, who has also been unable to work since the incident.
Cluster and his wife are now seeking compensation for the injuries and damages they have suffered. Emory Hospital has refrained from commenting on the ongoing litigation but reiterated their commitment to providing high-quality, compassionate care to their patients and the communities they serve.