CHARLESTON -- A couple is suing Charleston Area Medical Center and a pediatric surgeon after their infant child was injured during an operation.

On Dec. 30, 2005, Dr. Robert W. Letton Jr. was performing an operation on Dianna and Danny Lovejoy's infant daughter, Savannah Lovejoy, according to a complaint filed Aug. 10 in Kanawha Circuit Court.

During the operation, Letton lacerated Savannah Lovejoy's spleen, causing her severe injury, pain and suffering, according to the suit.

The Lovejoys claim Letton owed a duty to them to perform the surgery within an acceptable standard of medical care and breached his duty.

According to the suit, Savannah Lovejoy suffered conscious pain and suffering; incurred medical expenses; suffered mental anguish, permanent physical injuries and disfigurement; and was required to undergo additional medical procedures.

The Lovejoys are seeking damages for negligence, medical malpractice, battery, medical malpractice via agency and loss of consortium. Kristine A. Burdette, Frances Whiteman and Kimberly E. Williams are representing them.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 09-C-2187