The Law Offices of Marc L. Shapiro, P.A. - December 2024

Anyone Seen a Skull?

Hospital Misplaces Patient’s Body Part

All of us have had to search underneath the couch cushions for a missing wallet or TV remote, or we’ve had to scour the mall parking lot in search of our somehow misplaced car keys. I would almost certainly lose my head if it were not attached to my body. Which, as it turns out, is why I definitely should not work at one particular Atlanta hospital. In September 2022, the Emory University Hospital Midtown staff allegedly misplaced something more important than the contents of a patient’s pants pocket. Following his brain surgery, Fernando Cluster was horrified to discover that the hospital had misplaced part of his skull . What a Headache Fernando underwent emergency brain surgery after suffering a stroke and subsequent cranial bleeding. As part of the surgery, surgeons removed a portion of Fernando’s skull, known as a bone flap, with plans to reattach that portion of his skull after he healed from his surgery.

While the hospital scheduled the procedure to repair Fernando’s skull for November 2022, issues arose that made it impossible for the hospital to fulfill its end of the bargain. The hospital made errors when identifying the bone flaps and had no idea which skull fragments belonged to Fernando.

Eventually, hospital staff informed the patient they could not find his bone flap and, as a result, they would be unable to put the missing pieces back in his skull.

Suing Over a Skull Consequently, Fernando and Melinda Cluster have filed a civil lawsuit against the hospital. The Clusters claim the hospital’s failure to find his bone flap led to an extended hospital stay, increased medical debt, and undue pain and suffering. Not to mention, of course, the alleged negligence in misplacing a patient’s skull . If nothing else, the Clusters have a remarkable story to tell and, most probably, a large settlement headed their way instead of a fully functional brain cage.

THE STORY OF HANUKKAH

THE TRADITIONS AND THEIR ORIGINS

The Origin of Hanukkah Despite how it is celebrated, Hanukkah actually stems from a military victory over the Seleucid King Antiochus IV Epiphanes. Antiochus, a successor to Alexander the Great, had invaded Judea, desecrated the Second Temple in Jerusalem, and attempted to bring the Jewish people into the cultural and religious sphere of the Greek peoples. In 164 BC, the Maccabeans — led by Mattathias and Judas — were Jews who fought for their religious beliefs and defeated Antiochus in battle. After the temple of Jerusalem was restored, Judas proclaimed that the date should be celebrated each year after, for eight days. Why We Give Gifts Despite the ancient history of the holiday, gift-giving during Hanukkah is a (relatively) recent tradition. When American Jews began adopting the Christmas custom in the late 1800s, the Yiddish press began to encourage immigrants to instead buy Hanukkah presents for their children. As the Christmas tradition grew in size — especially when it came to the exchanging of gifts — so too did Hanukkah. In time, Hanukkah became the Jewish holiday most closely associated with Christmas, and gift-giving, in the West.

The month of December is special for many people across the country, whether they be Jews, like myself, Christians, or other holiday revelers, as it heralds the holidays of both Hanukkah and Christmas. It brings families together, across faiths, cultures, and backgrounds, and brings out our collective best nature. We share meals and laughs and give gifts. Giving requires considering the wants and needs of others and acting selflessly for the benefit of loved ones. This nature is within us and has been for millennia. Here, we explore the history of Hanukkah, the Jewish holiday, and how it became associated with gift-giving.

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