Patient sues Emory hospital for allegedly losing piece of skull, charging for replacement

Emory University Hospital Midtown in Atlanta lost a piece of a patient's skull and charged him for a synthetic replacement, according to a lawsuit filed Aug. 8.

Fernando and Melinda Cluster are suing Atlanta-based Emory Healthcare, which owns the hospital, for alleged negligence, claiming the hospital caused unnecessary medical bills and physical and emotional pain, according to court documents.

Mr. Cluster was treated for an intracerebral hemorrhage at the hospital in September 2022. Physicians performed a decompressive hemicraniectomy, which involved removing a piece of his skull.

While Mr. Cluster was being prepared for a cranioplasty to have the bone flap reinserted after healing from the initial procedure, hospital employees found "several bone flaps with incomplete or missing patient identification" and were not able to determine which, if any, of the bone flaps were from Mr. Cluster, the complaint said.

The surgery was canceled so a synthetic implant could be manufactured, and that procedure took place in November 2022. Mr. Cluster also needed an additional surgery because of an infection in the synthetic bone flap, the complaint said.

Emory Healthcare charged Mr. Cluster for the synthetic bone flap and the extra time spent in the hospital because of the delay in surgery. Mr. Cluster's medical expenses as a "direct and proximate result" of negligence total more than $146,000, the complaint said. The implant cost more than $19,000, The Atlanta Journal-Constitution reported Aug. 16.

"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," a spokesperson emailed to Becker's.

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