Hospital Lawsuit Over Missing Body Part Leads to Public Outcry

Hospital Lawsuit Over Missing Body Part Leads to Public Outcry

An Atlanta hospital is embroiled in a lawsuit for allegedly losing a piece of a patient’s skull during surgery and charging $19,000 for the replacement.

At a Glance

  • A lawsuit claims Emory University Hospital Midtown lost a portion of a patient’s skull.
  • The hospital billed the patient $19,000 for a synthetic replacement skull part.
  • The incident has sparked public outrage and highlighted healthcare system issues.
  • The mishap led to extended hospital stays, additional surgeries, and significant medical expenses.

Details of the Lawsuit

Fernando Cluster and his wife are suing Emory University Hospital Midtown in Atlanta for allegedly misplacing part of Cluster’s skull during a surgical procedure and then charging him $19,000 for a synthetic replacement. The lawsuit, filed in DeKalb County, Georgia, accuses the hospital staff of negligence, which purportedly resulted in increased hospitalization and both physical and emotional damages.

Fernando required emergency brain surgery in September 2022 due to an intracerebral hemorrhage. During the operation, surgeons removed a 12-by-15-centimeter bone flap from his skull, which they intended to reattach in a follow-up procedure weeks later. However, when hospital staff attempted to retrieve the bone flap for the follow-up surgery, they found several bone flaps with incomplete or missing patient identification and could not identify the correct piece.

Impact and Public Response

The hospital’s inability to locate the exact bone flap necessitated the use of a synthetic replacement. This development led to a longer hospital stay for Cluster, who subsequently suffered an infection that required another surgical intervention. The additional hospital residence stormed public opinion and raised pressing questions about the healthcare system’s accountability and transparency.

Cluster’s total medical expenses exceeded $146,845.60. Despite such staggering costs, he was billed over $19,000 for the synthetic bone flap with no discounts offered by the hospital. The mishap further weakened his ability to work, exacerbated his permanent injuries, and marred his family relationships.

Emory Hospital’s Stand and Legal Proceedings

The couple’s attorney, Chloe Dallaire, criticized the hospital’s negligence, emphasizing its flippant attitude towards the entire series of events. Emory University Hospital Midtown declined to comment on the pending litigation but assured their commitment to high-quality, compassionate care. The complaint, filed on August 8, underscores the need for heightened accountability and transparency in medical practices nationwide.

“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,” said Dallaire.

As this legal battle unfolds, it serves as a somber reminder of potential systemic flaws in healthcare. The outcome could set a precedent for future patient rights and hospital accountability, ensuring similar mistakes are avoided moving forward.