NBC News
A couple is suing an Atlanta hospital that allegedly lost part of the husband’s skull after it was removed during brain surgery because “several bone parts” were unidentifiable.
Fernando and Maria Cluster accused staff at Emory University Hospital Midtown of negligence that led to longer hospital stays and physical and emotional harm, according to the lawsuit filed in DeKalb County, Georgia.
An Emory Healthcare spokesperson told NBC News in a statement that it would not comment on pending litigation but is “committed to providing compassionate, high-quality care to patients and those we serve in our communities.”
Fernando Cluster was in an Emory Healthcare hospital in September 2022 because had suffered an intracerebral hemorrhagealso known as bleeding on the brain. To treat it, Cluster needed emergency surgery that included removing part of her skull, according to the lawsuit.
Doctors removed a 12 by 15 centimeter piece of bone with the idea of putting it back during a second surgery weeks later, according to the lawsuit.
But in November 2022, when Cluster was due to undergo follow-up surgery, the hospital reportedly had trouble finding the piece of bone.
“When Emory staff went to look for the bone fragment, ‘there were several bone parts with incomplete or non-existent patient identifications’ and therefore (the hospital) Emory’I couldn’t be sure which one belonged to Mr. Cluster.“if there was any,” the lawsuit said.
The patient ultimately had to undergo implantation of a synthetic bone fragment, which considerably prolonged his hospital stay. The couple allege that the synthetic piece also caused an infection that required another surgical intervention.
Cluster has incurred “medical expenses in excess of $146,845.60” after having to pay for the synthetic fragment and the extended hospital stay, in addition to the surgeries, according to the lawsuit.
The couple alleged in court documents that Cluster He has been unable to work, his family relationship has been damaged and he has suffered permanent injuries. due to the hospital’s negligence.
The couple’s claim was not stated in the suit, but it said they are seeking reimbursement for both general and special damages. In civil lawsuits, general damages are considered more subjective forms of compensation for claims such as emotional distress or damage to quality of life, while special damages are more specific economic damages.
