Atlanta hospital faces lawsuit for allegedly misplacing patient’s skull section after brain surgery
Fernando Cluster and his wife have sued Emory Healthcare, asserting that they were billed for replacing the skull piece, which he claims led to an infection.
A couple has initiated a lawsuit against an Atlanta hospital, alleging that medical staff lost a portion of the husband’s skull during his brain surgery.
Fernando and Melinda Cluster argue that Emory University Hospital Midtown showed “simple negligence,” causing them “physical and emotional distress, along with unnecessary medical expenses,” as stated in their civil lawsuit filed in DeKalb County earlier this month.
Fernando Cluster was admitted to the hospital on September 30, 2022, diagnosed with an intracerebral hemorrhage, and underwent a decompressive hemicraniectomy, according to the lawsuit. This operation involved the removal of part of Cluster’s skull, referred to as a “bone flap” in the lawsuit.
Such procedures are typically performed after strokes or traumatic brain injuries to alleviate pressure and provide space for an inflating or herniating brain, according to the American Heart Association Journals.
What happened to the bone flap at Emory?
Once Cluster’s recovery from the hemicraniectomy was complete, he was scheduled for a cranioplasty on November 11, 2022, to have his bone flap reattached. Complications arose when Emory’s staff attempted to locate the bone flap, discovering “multiple bone flaps with insufficient or missing patient identification,” as per the lawsuit.
The hospital staff stated that they were uncertain which, if any, of the bone flaps belonged to Mr. Cluster, leading to a cancellation of his cranioplasty surgery until a synthetic implant could be made, the lawsuit reported.
The cranioplasty was eventually rescheduled and conducted on November 23, 2022. Because of the rescheduling and “Emory’s negligent oversight,” Cluster endured an extended hospital stay, resulting in additional medical expenses, according to the lawsuit.
Emory Healthcare, Inc. issued a statement to YSL News on Tuesday.
“Emory Healthcare is dedicated to delivering high-quality, compassionate care to patients and our community,” the statement read. “We cannot comment on ongoing litigation.”
Infection of Fernando Cluster’s synthetic bone flap
According to the lawsuit, Emory billed Cluster for the synthetic bone flap’s expenses, the extended hospital stay, and the different procedures he required due to the delays. After leaving the hospital, Cluster developed an infection in the synthetic flap, necessitating further surgery.
Cluster asserts that he is unable to work and has accumulated more than $146,845.60 in medical bills. He is seeking full compensation for damages and all medical expenses from Emory, according to the court documents.
