An Atlanta couple is taking legal action against a local hospital, claiming that a portion of a patient’s skull went missing after brain surgery due to the alleged absence of identification on “several bone flaps” removed during the procedure, NBC News reports.
Fernando and Maria Cluster are accusing staff at Emory University Hospital Midtown of negligence that led to an increased hospital stay as well as both physical and emotional damages, according to the complaint filed in DeKalb County, Georgia.
A spokesperson for Emory Healthcare said in a statement it does not comment on pending litigation but “is committed to providing high-quality, compassionate care for patients and those we serve in our communities.”
Fernando Cluster was at an Emory Healthcare hospital in September 2022 because he was suffering from a intracerebral hemorrhage, otherwise known as bleeding into the brain. To treat the bleeding, Cluster required emergency surgery that would include removing a portion of his skull, according to the suit.
The doctors removed a 12-by-15-centimeter bone flap with a plan to secure it back in place during a second surgery weeks later, the suit said.
But in November 2022, when Cluster was set to have his follow-up operation, the hospital allegedly struggled to find the bone flap.
“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 said.
This ultimately required him to get a synthetic bone flap and entailed a significantly longer stay in the hospital. The couple alleges that the synthetic flap also caused an infection and that required another surgery.
Cluster has incurred “medical expenses in excess of $146,845.60” after being charged for the synthetic flap and the prolonged hospital stay in addition to his surgeries, the suit said.
The couple alleges in the suit that he has been unable to work, his family relationship has been impaired, and he has suffered permanent injuries due to the hospital’s negligence.
While the lawsuit doesn’t specify a monetary amount sought, it outlines the couple’s pursuit of both general and special damages. General damages, often awarded in civil cases, encompass subjective compensation for emotional distress and harm to quality of life, while special damages cover specific economic losses.
