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Suit filed against local hospital, doctor

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Man alleges damage from childhood surgery

By Calen McKinney

Taylor County's hospital and a local doctor have been sued for allegedly causing permanent damage when performing surgery on a Campbellsville teenager.

On June 26, Louisville attorneys Paul A. Casi II and Jeff W. Adamson filed the lawsuit in Taylor Circuit Court on behalf of Justin Wade Cave of Wooleyville Road in Campbellsville.

Defendants named in the lawsuit are Taylor Regional Hospital and Taylor Regional Orthopedic Group of Old Lebanon Road in Campbellsville and Dr. Richard A. Sanders of Birmingham, Ala.

According to the lawsuit, Cave, who is now 19, underwent surgery at TRH when he was a minor, on Feb. 16, 2009, which Sanders performed.

During his surgical care and treatment, Cave alleges, Sanders was negligent and failed to use the care and skill that is required of doctors who specialize in orthopedic surgery. Cave suffered injuries as a result, according to the lawsuit.

As a results of Sanders' negligence, according to the lawsuit, Cave has suffered a traumatic injury to his left peroneal nerve, which resulted in peroneal nerve palsy and drop foot. The nerve supplies movement and sensation to the lower leg, foot and toes.

The lawsuit alleges Cave has incurred hospital and other medical expenses as a result of his injuries and will continue to do so.

He has also suffered an impairment to his ability to earn money, the lawsuit claims, and has undergone physical and mental pain and suffering. He has lost enjoyment in his life, Cave claims, and seeks damages to compensate him.

Cave also seeks court costs and a jury trial.

The defendants denied Cave's claims in an answer filed last Friday by Louisville attorneys Timothy H. Napier and Vivian E. Van Bogaert.

According to the answer, the defendants admit Cave underwent surgery at TRH on Feb. 16, 2009, but deny the hospital or Sanders failed to give Cave the care he needed.

The answer states that any damages Cave suffered were brought about by some other cause not under the defendants' control.

Cave's injuries, if any, according to the answer, are diminished by his negligence and the negligence of other parties.

The defendants ask that Cave's lawsuit be dismissed and they be granted court costs.

TRH CEO Jane Wheatley declined to discuss the lawsuit and referred comment to Napier, who didn't return a phone call before press time. Van Bogaert also referred comment to Napier.

Calls to Casi and Adamson also hadn't been returned at press time.

At press time, there were no court dates set in Cave's case.

• A lawsuit presents only one side of a case.