Fernando Cluster and his wife, Melinda, have filed a lawsuit against Emory University Hospital in Atlanta, alleging that the hospital lost a part of Fernando’s skull following a brain surgery. The “bone flap” removed during a procedure to treat an intracerebral hemorrhage in September 2022 was intended to be reimplanted in a subsequent surgery. However, hospital staff reportedly failed to keep track of the bone flap, leading to a series of complications for Cluster.
Missing Bone Flaps and Delayed Surgery- Emory University Hospital
The lawsuit alleges that Emory University Hospital lost Fernando’s 12-by-15-cm bone flap, along with several others belonging to different patients, due to improper labeling and tracking. This mishap forced the hospital to delay Cluster’s second surgery while a synthetic bone flap was manufactured and later implanted on November 23, 2022. Unfortunately, the synthetic flap led to an infection, further complicating Cluster’s recovery and extending his hospital stay.
Impact on Cluster and Legal Proceedings
As a result of the hospital’s alleged negligence, Cluster has suffered ongoing physical and emotional pain, permanent injuries, and significant financial strain, with medical bills totaling $146,845.60. The lawsuit also claims that the hospital charged Cluster for the synthetic bone flap, the extended hospital stay, and additional procedures caused by the mishap.
Emory Healthcare has responded to the situation by stating its commitment to providing high-quality care but declined to comment on the specifics of the lawsuit due to its policy on ongoing litigation.
The Broader Implications
This case raises serious concerns about the hospital’s procedures for tracking and identifying critical medical items like bone flaps. The lawsuit not only highlights the distress caused to the Cluster family but also brings attention to the broader issue of patient safety and hospital accountability.
