CHARLESTON--The parents of a toddler are suing the physician that delivered him, alleging insufficient care with the delivery.

Chad and Christa Miller of Poca, parents and natural guardian of Bryson Miller, a minor, filed a lawsuit Aug. 20 in Kanawha Circuit Court against Dr. David Patton, alleging medical negligence.

According to the complaint, Bryson Miller suffered a clavicle fracture and brachial plexus injury resulting in permanent injury when Patton delivered him vaginally with the assistance of a vacuum in July 2012.

The suit states the defendant was negligent in delivering Bryson vaginally as he knew Christia Miller's vaginal delivery of Bryson's sister the year before resulted in a fractured clavicle. Moreover, the lawsuit states, Patton showed a complete disregard for the welfare of Christa Miller and Bryson by failing to provide critical medical care and treatment in a proper and timely manner.

The Millers seek compensatory damages, punitive damages, attorney fees, court costs, and other relief deemed appropriate by the court. They are represented by attorney Richard D. Lindsay of Tabor Lindsay & Associates in Charleston. The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number 15-c-1592.

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