A lawsuit is alleging an Atlanta hospital lost a portion of a patient’s skull after he went under the knife and subsequently billed him the synthetic bone flap replacement. The lawsuit, which was filed by Fernando and Maria Cluster, alleges a portion of Fernando’s skull was removed by doctors during a brain surgery at Emory University Hospital Midtown, NBC News reported.
The couple in the suit filed in DeKalb County alleges the staff’s negligence resulted in Fernando staying at the hospital for a longer period, adding that he also suffered physical and emotional damages.
Fernando was in September 2022 admitted to the hospital after he suffered an intracerebral hemorrhage, which is a brain bleed. Per the suit, Fernando had to undergo emergency surgery to treat the bleeding, and the procedure involved a part of the patient’s skull being removed.
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A bone flap measuring 12-by-15 centimeters was removed by the doctors, and they intended to fix it back during Fernando’s subsequent surgery, per the suit. But the hospital in November 2022 was unable to retrieve the bone flap when Fernando was given the all-clear to have his second surgery, the suit states.
“When Emory’s personnel went to retrieve the bone flap, ‘there were several bone flaps with incomplete or missing patient identification’ and therefore, Emory ‘could not be certain which if any of these belonged to Mr. Cluster,’” the suit states.
The suit also states that the hospital’s inability to retrieve the bone flap resulted in Fernando needing a synthetic bone flap. This is said to have prolonged his stay in the hospital, and the couple allege Fernando also suffered an infection after the flap was fixed, resulting in him needing another surgery, NBC News reported.
The suit states that Fernando’s prolonged hospital stay as well as his surgeries and being made to pay for the flap resulted in him being slapped with “medical expenses in excess of $146,845.60.”
The couple also claim Fernando has since been unable to return to work, adding that his condition has taken a toll on his family relationship. The suit also states that the hospital’s negligence has caused Fernando to suffer permanent injuries.
Though the couple did not specify the amount they want to be awarded to them, the suit states that the plaintiffs want both general and special damages. Responding to the lawsuit in a statement, a spokesperson for Emory Healthcare told the news outlet that it does not talk about pending litigation but “is committed to providing high-quality, compassionate care for patients and those we serve in our communities.”
