Patient sues Emory Hospital in Atlanta after it allegedly lost part of his skull

A patient filed a lawsuit against Emory University Hospital in Atlanta, Georgia, over allegations the hospital lost part of his skull that was removed during surgery.

Fernando Cluster said he underwent brain surgery at Emory University Hospital in Midtown in September 2022 after suffering a stroke, according to Atlanta News First.

The surgery required the removal of a piece of Cluster’s skull called the bone flap, the outlet reported.

Cluster returned to the hospital for a follow-up surgery scheduled for November 2022 to reattach the bone flap but, the lawsuit claims, the hospital was unable to locate his bone flap when he arrived.

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"'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 reads, according to the report.

Since the hospital allegedly failed to find Cluster's bone flap, a synthetic replacement had to be made, which forced him to stay in the hospital for an additional 12 days while the synthetic replacement was made, according to the lawsuit.

The synthetic replacement became infected, which required Cluster to undergo another surgery, the lawsuit said.

Cluster was charged for the additional surgeries and time he had to stay in the hospital. He claims he incurred $146,000 in medical expenses after his treatment.

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The lawsuit accuses Emory of negligence and said the hospital "failed to exercise ordinary and reasonable care," which led to injury. The lawsuit also said Cluster suffered "physical and emotional pain" and has been unable to work following the error.

Cluster is seeking compensation for injuries and damages.

The hospital said it would not comment on pending litigation, but said "Emory Healthcare is committed to providing high-quality, compassionate care for patients and those we serve in our communities," according to Atlanta News First.

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