A couple has taken legal action against Emory University Hospital Midtown in Atlanta, claiming that the facility lost part of a patient's skull after it was removed during brain surgery. Fernando and Maria Cluster have accused the hospital staff of negligence, which they believe led to extended hospitalization and caused both physical and emotional harm to their family.

According to the complaint filed in DeKalb County, Georgia, Fernando Cluster was admitted to an Emory Healthcare hospital in September 2022 due to an intracerebral hemorrhage, commonly known as bleeding into the brain. To address the bleeding, Cluster underwent emergency surgery that involved the removal of a portion of his skull.

The suit alleges that during the procedure, doctors removed a bone flap measuring 12-by-15 centimeters with the intention of reattaching it during a subsequent surgery weeks later. However, in November 2022, when Cluster was scheduled for his follow-up operation, the hospital reportedly encountered difficulties in locating the bone flap.

The lawsuit states that during the search for the missing bone flap, multiple flaps lacking complete or accurate patient identification were discovered. As a result, Emory Hospital was unable to determine which, if any, of the bone flaps belonged to Mr. Cluster.

This unforeseen setback necessitated the use of a synthetic bone flap and resulted in a significantly prolonged hospital stay for Cluster. The couple also claims that the synthetic flap caused an infection, leading to the need for an additional surgery.

According to the lawsuit, Cluster has incurred medical expenses exceeding $146,845.60 due to the cost of the synthetic flap, the extended hospital stay, and subsequent surgeries. The couple further alleges that Fernando Cluster has been unable to work, and their family relationships have been strained as a result of the hospital's alleged negligence. They assert that Fernando has suffered permanent injuries.

While the lawsuit does not explicitly specify the amount being sought by the couple, it does mention that they are pursuing general and special damages. In civil suits, general damages are typically awarded for subjective claims such as emotional distress or a diminished quality of life, while special damages aim to compensate for specific economic losses.

Emory Healthcare has not yet provided comment on the pending litigation, despite inquiries made by CNN. However, a spokesperson for the healthcare institution released a statement emphasizing their commitment to delivering high-quality and compassionate care for patients and the community they serve.

The lawsuit will now progress through the legal process as the Cluster family seeks accountability for the alleged loss of the patient's skull flap and the associated physical, emotional, and financial hardships they claim to have endured.