Man files lawsuit against hospital for allegedly losing part of his skull

ATLANTA (WANF/Gray News) - A patient is suing an Atlanta hospital, claiming they lost part of his skull that was removed during surgery. The alleged mistake cost the patient $146,000, according to the lawsuit.

A lawsuit filed against Emory Hospital says Fernando Cluster had brain surgery at the Midtown location in September 2022 after suffering a stroke. The surgery involved removing a piece of Cluster’s skull known as the bone flap, WANF reports.

A subsequent surgery to reattch the bone flap was scheduled for November 2022. The lawsuit claims that when Cluster returned to Emory for this surgery, the hospital could not find his 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 lawsuit said.

Because the hospital allegedly could not find Cluster’s bone flap, a synthetic replacement had to be made, according to the lawsuit. This forced Cluster to stay in the hospital for an extra 12 days.

The lawsuit says the synthetic replacement then got infected, forcing Cluster to under another surgery.

Cluster was reportedly charged for the extra surgeries and time he spent in the hospital. He says he incurred $146,000 in medical expenses.

The lawsuit claims Emory was negligent and “failed to exercise ordinary and reasonable care,” leading to injury. It also says Cluster has suffered “physical and emotional pain” and has been unable to work.

Cluster and his wife are seeking compensation for injuries and damages.

In a statement, the hospital said they would not comment on pending litigation, adding only that “Emory Healthcare is committed to providing high-quality, compassionate care for patients and those we serve in our communities.”

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