Emory Healthcare Faces Lawsuit After Hospital Staff Allegedly Lost Part Of Man’s Skull During Surgery, Then Charged Him $19K To Build New One

A couple from Atlanta has sued Emory Healthcare, claiming the hospital lost part of a man's skull during surgery, leading to more surgeries, pain, and high medical bills, per 11 Alive.
Photo Credit: Unsplash/ Bermix Studio

A couple from Atlanta has sued Emory Healthcare, claiming the hospital lost part of a man’s skull during surgery, leading to more surgeries, pain, and high medical bills, per 11 Alive. Fernando and Melinda Cluster are requesting compensation after a piece of Fernando’s skull went missing at Emory University Hospital Midtown after he had surgery for a brain bleed. 

In their lawsuit, filed in DeKalb County State Court, they explain that on September 30, 2022, Fernando had a procedure called a decompressive hemicraniectomy, where a section of his skull, known as a bone flap, was removed. He was supposed to have that bone flap put back during another surgery on November 11, 2022. However, when the hospital staff went to find it, they realized that several bone flaps were either not labeled correctly or had no identification at all, making it impossible to tell which one belonged to Fernando.

“They’re scared. They’re terrified every day. They got various contradictory messages about why surgery was postponed and ultimately, Emory told them that they had lost and misplaced a part of his skull,”

the couple’s attorney Chloe Dallaire said.

“It’s mind blowing, literally, not to play a pun on words, but an institution like Emory misplacing and mislabeling people’s body parts? It’s unfathomable,”

Dallaire continued.

Weeks later, Fernando received a 3D printed synthetic skull flap to replace the lost piece. Emory Hospital then reportedly tried charging him $19,000 for making the synthetic flap. The lawsuit mentions that the hospital billed Fernando for the synthetic flap, the extra days in the hospital, and the procedures needed because of the delay.

“He was charged for the additional time he had to wait in the hospital for the flap to be made. Subsequently, he had an infection. The synthetic flap had to be removed. He had to spend more time in the hospital, and then he was charged for all the costs associated with a new flap and another surgery,”

Dallaire told the outlet.

The Clusters are seeking compensation for Fernando’s lasting injuries and over $146,845.60 in medical bills. Melinda claims his injuries have deprived her of his love, society, and companionship. They want a jury trial, asking for damages from Emory Healthcare and any other relief the court finds suitable.

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