Atlanta hospital sued for allegedly losing part of a patient's skull after brain surgery

A couple is suing an Atlanta hospital because the staff allegedly lost part of the husband’s skull after it was temporarily removed with a plan to reimplant it.

Fernando and Maria Cluster have accused Emory University Hospital Midtown of negligence in the lawsuit, claiming the incident resulted in “extensive damages, including ongoing physical and emotional pain and suffering, and unnecessary medical bills.”

According to the complaint , Fernando was admitted to the medical facility in September 2022 for a brain bleed. Doctors removed a part of his skull measuring approximately 12 centimeters by 15 centimeters to reduce the pressure on his brain.

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The removed portion was supposed to be reattached after Fernando healed from the first procedure, the complaint stated. However, when Fernando returned in November to have his cranioplasty, doctors couldn’t figure out which bone flap in their storage area belonged to him.

“When Emory’s personnel went to retrieve the bone flap, ‘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 complaint stated.

Fernando was ultimately told the surgery had to be rescheduled until a synthetic flap could be made. The complaint states he was charged for the synthetic flap and for the additional hospital stay to implant it.

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The complaint said Fernando subsequently suffered an infection in the synthetic flap, requiring yet another hospital stay.

In the lawsuit, the couple seeks compensation “for their injuries and damages” relating to the misplaced bone flap.

A spokesperson for Emory told CNN , "Emory Healthcare is committed to providing high-quality, compassionate care for patients and those we serve in our communities. We do not comment on pending litigation.”