Fernando Cluster has taken legal action against a hospital in Atlanta, Georgia, following a troubling incident that occurred while receiving medical treatment in 2022. The lawsuit centers around a surgical procedure performed at Emory University Hospital Midtown in September 2022, when Cluster underwent emergency surgery to address a severe intracerebral hemorrhage, a condition involving bleeding in the brain. As part of this procedure, surgeons removed a section of his skull, referred to as a bone flap, with the intention of reattaching it in a subsequent operation.
However, when Cluster returned to the hospital in November 2022 for the follow-up surgery to have the bone flap reattached, hospital staff reportedly encountered a significant issue when the bone flap that had been removed during the initial surgery could not be located. According to the lawsuit, multiple bone flaps were discovered, but due to “incomplete or missing patient identification,” the hospital could not confirm which one belonged to Cluster. As a result, a synthetic bone flap was created as a replacement.
Cluster's recovery was complicated by the synthetic flap becoming infected, necessitating another surgery and extending his hospital stay by 12 days. The financial burden of this extended treatment was substantial, with Cluster reportedly incurring medical expenses exceeding $146,000.
The legal complaint centers around the issue of negligence and alleges that the hospital “failed to exercise ordinary and reasonable care.” The lawsuit contends that the hospital's mismanagement of the bone flap, including its failure to properly identify and preserve critical medical materials, constitutes negligence. If proven, the hospital would be liable for the damages Cluster has suffered, which include medical expenses and the “physical and emotional pain” he endured.
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