Fernando and Maria Cluster are suing Emory University Hospital Midtown in Atlanta for negligence after part of Fernando’s skull was allegedly lost following brain surgery. The couple claims that several bone flaps removed during the surgery were lacking identification, leading to a prolonged hospital stay and physical and emotional damages. Emory Healthcare representatives have not yet responded to requests for comment on the matter.
Fernando Cluster underwent emergency surgery at an Emory Healthcare hospital in September 2022 for an intracerebral hemorrhage, which required a portion of his skull to be removed. A 12-by-15-centimeter bone flap was taken with the intention of securing it back in place during a follow-up surgery weeks later. However, when Cluster returned for the second operation in November 2022, the hospital allegedly had difficulty locating the original bone flap due to incomplete or missing patient identification.
As a result of the missing bone flap, Cluster had to receive a synthetic bone flap instead and endured a longer hospital stay. The couple claims that the synthetic flap caused an infection, leading to additional surgeries and medical expenses totaling over $146,845.60. The lawsuit also alleges that Cluster has been unable to work, his family relationships have been affected, and he has sustained permanent injuries as a result of the hospital’s negligence.
The Clusters are seeking both general and special damages in their lawsuit against Emory University Hospital Midtown, although they have not specified the amount they are requesting. General damages typically cover subjective forms of compensation such as emotional distress or harm to quality of life, while special damages address specific economic losses. The couple’s legal action highlights the impact of medical negligence on patients and underscores the importance of proper identification and care in surgical procedures.
This case serves as a cautionary reminder of the potential consequences of medical errors and the importance of proper patient care. The Clusters’ experience sheds light on the challenges faced by individuals and families when dealing with the aftermath of negligence in healthcare settings. The lawsuit emphasizes the need for hospitals and healthcare providers to prioritize patient safety and ensure proper protocols are in place to prevent errors like the one alleged in this case. Ultimately, the outcome of this legal action could have far-reaching implications for the healthcare industry and highlight the importance of accountability in patient care.
