A couple has filed a lawsuit against an Atlanta hospital, alleging that due to “several bone flaps” that were unidentified, the patient’s skull was partially lost during brain surgery.
According to a complaint filed in DeKalb County, Georgia, Fernando and Maria Cluster are accusing the staff of Emory University Hospital Midtown of carelessness that resulted in an extended hospital stay and both physical and emotional damages. Representatives of Emory Healthcare were contacted via email on Sunday, but their response was delayed.
In September 2022, Fernando Cluster was receiving care at an Emory Healthcare hospital due to an intracerebral hemorrhage, also referred to as brain bleeding. According to the lawsuit, Cluster needed emergency surgery to repair the bleeding, which involved extracting a part of his skull.
According to the lawsuit, the surgeons took out a 12-by-15-centimeter bone flap with the intention of putting it back in place a few weeks later.
But when Cluster was scheduled for his follow-up procedure in November 2022, the hospital reportedly had trouble locating the bone flap.
“Several bone flaps lacked or had insufficient patient identification,” according to the lawsuit, so Emory “could not be certain which if any of these belonged to Mr. Cluster” when its staff went to remove the bone flap.
In the end, this meant a much lengthier hospital stay and the need for him to have a synthetic bone flap. The pair claims that an infection brought on by the prosthetic flap necessitated additional surgery.
In addition to his procedures, Cluster was charged for the synthetic flap and an extended hospital stay, which resulted in “medical expenses in excess of $146,845.60,” according to the lawsuit.
The action asserts that the hospital’s carelessness caused him to sustain lifelong injuries, hindered his ability to work, and damaged his connection with his family.
The couple’s lawsuit mentions that they are requesting both general and special damages, but it doesn’t specify how much. Special damages in civil disputes are primarily focused on particular economic effects, whereas general damages are thought to be more subjective types of recompense for claims such as mental anguish or impairment to quality of life.
In a statement to CNN, an Emory Healthcare representative stated that while the organization “is dedicated to giving patients and everyone we serve in our communities compassionate, high-quality treatment,” it does not comment on any legal matters.