Patient sues Atlanta hospital after allegedly losing part of his skull

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

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

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

Cluster returned to the hospital for follow-up surgery scheduled for November 2022 to reattach the bone flap but, according to the lawsuit, the hospital was unable to locate his bone flap upon arrival.

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Emory Hospital

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

“There were multiple bone flaps with incomplete or missing patient identification” and as a result, Emory “could not be certain which of them belonged to Mr. Cluster,” the lawsuit says, according to the report.

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

The synthetic substitute became infected, requiring Cluster to undergo further surgery, the lawsuit says.

Cluster had to pay for additional surgeries and hospital time. He claims he incurred $146,000 in medical bills after his treatment.

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Emory University Hospital

Fernando Cluster said he incurred $146,000 in medical bills after his treatment. (Getty Images)

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The complaint accuses Emory of negligence and claims the hospital “failed to exercise ordinary and reasonable care,” resulting in injuries. The complaint also says Cluster suffered “physical and emotional pain” and was unable to work as a result of the error.

Cluster is seeking compensation for its injuries and damages.

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

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