A couple is suing an Atlanta hospital for allegedly misplacing part of a patient’s skull and then billing him for a synthetic replacement.
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In September 2022, Fernando Cluster was admitted to Emory University Hospital Midtown for treatment of an intracerebral hemorrhage. This is commonly referred to as a brain bleed. According to a complaint obtained by the Atlanta Journal-Constitution on August 8, doctors concluded that a 4.7-by-6-inch section of his skull needed to be removed to alleviate pressure.
However, when the patient returned to the hospital two months later to have the missing piece of skull replaced, the staff were unable to locate it among a collection of unidentified bone fragments from other patients.
A note left by hospital staff in Cluster’s medical file didn’t exactly bother with any sort of beside manner.
“We inspected the freezer where bone flaps are stored and could not find a bone flap with Mr. Cluster’s patient identification,” the note in Cluster’s medical file allegedly read. “There were several bone flaps with incomplete or missing patient identification. We could not be certain which if any of these belonged to Mr. Cluster.”
The bone removal left Cluster with a significant depression on the right side of his skull. His surgery was postponed while the hospital crafted a synthetic skull piece to fill the void.
The Hospital Bills a Patient $19k for a Synthetic Skull Part After Allegedly Losing the Original Bone
By the end of November, the replacement had been successfully implanted into Cluster’s head. However, the hospital billed him over $19,000 for the synthetic bone intended to replace what they had reportedly lost.
However, this was just the beginning of an ongoing medical nightmare for Cluster.
Following the insertion of the synthetic bone, he developed an infection that required additional surgery. This left him unable to work for a period. Ultimately, Cluster’s medical expenses soared to over $146,800. However, the hospital reportedly did not offer him or his wife any discounts for the treatment received.
Cluster’s attorney Chloe Dallaire opened up about the lawsuit to the Journal-Constitution.
“While my clients are obviously upset that they and their insurance company were billed for the costs related to Emory’s negligence. I’m sure you can understand that their focus is on the egregiousness of Emory losing a part of his body and then having a flippant attitude about it afterwards,” Dallaire explained.
Fernando and Maria Cluster are pursuing compensation from the hospital for their medical expenses and emotional distress.
The couple’s lawsuit does not specify a claim amount but seeks general and special damages. General damages address subjective compensation like emotional distress, while special damages focus on specific economic losses.