Couple sues doctor over baby's delivery

MORGANTOWN - A Kanawha County couple says their doctor caused injury during the birth of their child by using forceps.

Melissa and James Stacy filed the lawsuit Dec. 15 in Monongalia Circuit Court against Dr. Richard Lotshaw.

The suit says that Melissa Stacy was admitted to Monongalia General Hospital on Dec. 18, 2004, in active labor.

"Defendant Lotshaw attempted an operative vaginal delivery, using first a vacuum and then forceps," the complaint says. "As a direct result of the forceps, Plaintiff Stacy suffered permanent injuries requiring surgery which relieved but did not eliminate her injuries."

Husband James is suing for loss of consortium. The suit says Lotshaw failed to exercise the expected degree of care and that Stacy may be subjected to more medical procedures in the future.

She seeks compensation for medical expenses, permanent injuries, annoyance, inconvenience and pain and suffering.

"The actions of the defendant were malicious, oppressive, or were wanton, willful or reckless or showed criminal indifference to civil obligations affecting the rights of others," the complaint says.

Jane Peak of Allan Karlin and Associates is representing the plaintiffs. No judge has been assigned the case yet.

Monongalia Circuit Court case number 06-C-818