A Black man from Georgia is suing Emory University Hospital Midtown in Atlanta after the hospital allegedly lost a portion of his skull following a critical brain surgery.
The plaintiff, Fernando Cluster, claims in his lawsuit that the hospital’s negligence resulted in significant medical complications, prolonged recovery, and emotional distress.
Cluster’s ordeal began in September 2022 when he underwent surgery to treat a stroke. During the procedure, surgeons removed a portion of his skull, known as a bone flap, to relieve pressure.
The bone flap was supposed to be preserved and reattached in a follow-up surgery scheduled for November 2022. However, when the time came for the second operation, Emory Hospital reportedly could not locate Cluster’s bone flap.
According to the legal complaint, Emory Hospital’s storage of bone flaps was disorganized, with several flaps lacking proper patient identification.
Due to this oversight, the hospital was unable to determine which, if any, of the bone flaps belonged to Cluster. As a result, a synthetic replacement had to be created for the procedure.
The delays and complications associated with the missing bone flap extended Cluster’s hospital stay by 12 days and added unnecessary stress to his recovery process.
The situation worsened when the synthetic bone flap became infected, leading to additional surgeries and further extending Cluster’s recovery.
The lawsuit alleges that the hospital’s negligence not only caused physical harm but also led to substantial financial burdens. Cluster reportedly accumulated $146,000 in medical expenses, including the costs associated with extended hospitalization, additional surgeries, and post-surgical care.
The prolonged recovery has also prevented Cluster from returning to work, exacerbating his financial and emotional difficulties.
Cluster’s lawsuit claims that Emory Hospital breached its duty of care by failing to properly manage and safeguard critical patient materials, resulting in significant harm.
The complaint seeks compensation for the injuries, financial losses, and emotional distress experienced by Cluster and his wife due to the hospital’s alleged negligence.
Emory University Hospital Midtown has refrained from commenting on the pending litigation but maintains its commitment to delivering high-quality and compassionate care to its patients.
As the case progresses, it highlights the serious consequences that can arise from procedural errors in medical settings, particularly when it involves the mismanagement of vital patient materials.
