“We inspected a freezer where bone flaps are stored and could not find a bone flap with Mr. Cluster’s patient identification,” staff wrote in the man’s medical file. “There were several bone flaps with incomplete or missing patient identification, but we could not be certain which if any of these belonged to Mr. Cluster.”
A Georgia couple has filed a lawsuit against Emory Hospital Midtown in Atlanta, claiming that staff misplaced part of plaintiff Fernando Cluster’s skull—and then tried to charge the family for the cost of reimplantation.
According to CNN, Cluster was admitted to Emory in September 2022, where he was diagnosed with an intracerebral hemorrhage. Doctors, trying to relieve pressure on and within Cluster’s brain, ordered the removal of a section of skull measuring about 4.7 inches by 5.9 inches. The bone was set aside, with Cluster and his family being told that it would eventually be reinserted.
After recovering from his initial surgery, Cluster was given a date for his follow-up procedure, during which doctors were supposed to reimplant his bone flap. But attorneys say that Emory staff made a massive mistake: while Cluster was being prepped for surgery, staff found that “there were several bone flaps with incomplete or missing patient identification.”
“We inspected a freezer where bone flaps are stored and could not find a bone flap with Mr. Cluster’s patient identification,” staff wrote in Cluster’s medical file. “There were several bone flaps with incomplete or missing patient identification, but we could not be certain which if any of these belonged to Mr. Cluster.”
The procedure, a cranioplasty, was cancelled after staff concluded that they could not identify which flap belonged to Cluster. He was later told that he would have to wait until a synthetic implant could be made.
Cluster eventually did receive a synthetic implant, which his attorneys say caused an infection.
“As a result of Emory’s negligence, Mr. Cluster subsequently suffered an infection in the synthetic flap, thereby necessitating another surgery,” the lawsuit alleges, emphasizing that Emory attempted to charge Cluster for the costs of the synthetic implant as well as the additional time he spent in recovery.
In total, Cluster incurred “medical expenses in excess of $146,845.60.”
The lawsuit states that he has since struggled to find work and has sustained permanent and potentially disabling injuries as a result of the delayed reimplantation surgery and subsequent infection.
“While my clients are obviously upset that they and their insurance company were billed for the costs related to Emory’s negligence, I’m sure you can understand that their focus is on the egregiousness of Emory losing a part of his body and then having a flippant attitude about it afterwards,” attorney Chloe Dallaire told the Atlanta Journal-Constitution.
The lawsuit seeks compensation for medical expenses and assorted non-economic damages.
Sources
Couple sues Atlanta hospital for allegedly losing part of patient’s skull following brain surgery
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