Can I Sue a Doctor for Performing a Needless Procedure?

By Peter DePaolis

Have you ever been victimized by poor medical care? Remember, medical malpractice can include instances when a healthcare provider performs a needless procedure.

We bring this up because recently WBAL-TV reported that lawyers involved in a medical malpractice case in Towson against the St. Joseph Medical Center and Dr. Mark Midei say that 21 plaintiffs have settled their cases.

According to the station, Midei was accused of needlessly implanting heart stints in patients in an attempt to profit. A federal investigation reportedly found that between 2007 and 2009, Midei profited by performing an “abnormally high number of procedures.”

Midei allegedly put stints in people with artery blockages of 20-30 percent, while telling them that their arteries were 80-95 percent blocked. Most healthcare organizations said that patients should only get stints if they have more than a 70 percent blockage.

Terms of the recent settlements have not been made public. It should be noted that earlier this year, St. Joseph’s agreed to pay $22 million to settle a different lawsuit accusing it of violating several federal laws by making illegal payments to a cardiology group called MidAtlantic Cardiovascular Associates in return for patient referrals.

Speaking to an Attorney About Medical Malpractice in the Form of a Needless Procedure

Needlessly performing surgery or implanting a patient with a device could be considered a form of medical malpractice. This is because there are risks involved with any procedure. Remember, malpractice is a broad claim that encompasses a variety of medical fields.

Other forms of medical malpractice could include:

  • Birth injuries, such as those resulting from negligence
  • Misdiagnosis
  • The failure to conduct the appropriate medical tests
  • The failure to diagnose a condition
  • Medication and pharmaceutical errors
  • Surgical errors

If you have suffered due to the recklessness of a doctor, it may be in your best interest to speak to an attorney, as you may be entitled to damages.

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Koonz McKenney Johnson & DePaolis LLP

Maryland Injury Attorneys


About the Author
Peter DePaolis joined the firm in 1980 and has since represented a large number of individuals involved in automobile collisions, truck accidents, bus crashes, defective products, and medical malpractice cases. A significant portion of Mr. DePaolis’ practice is devoted to working on behalf of people suffering from asbestosis, mesothelioma, and other asbestos-related cancers. He has led his firm’s fight against the asbestos industry and has recovered over $30 million in damages for asbestos victims and their families.