Many medical malpractice lawsuits are based on the failure of medical providers to take actions that could improve the health of a patient. This is of course not the only situation that can prompt such a legal claim however. It is possible that a lawsuit could be filed as a result of performing an unnecessary surgical procedure.

A Pennsylvania doctor is currently facing a lawsuit of this nature. The claim alleges that the cardiologist implanted heart stents that were not necessary. Also named as defendants in the lawsuit are the University of Pennsylvania Health System and the hospital where the procedure took place.

The medical malpractice lawsuit was brought by one of the cardiologist's patients. The filing of the claim was preceded by a notification from the hospital to the doctor's patient pool letting them know that they may have been on the receiving end of this practice.

The letters were sent out after a review of a sample of the doctor's patients who received stents uncovered around 20 individuals who did not actually need the device.  While the insertion of a stent in a situation where it is not actually needed will not necessarily result in medical issues, blood thinners may be necessary for an extended period of time.

The 51-year-old woman reportedly received the stent after she complained of shortness of breath. An examination performed by another cardiologist at the hospital after the issue became known, indicated that she did not actually need the foreign object inserted into her body. In addition to negligence, she alleges misrepresentation and fraud. The claim indicates that she is seeking both compensatory as well as punitive damages.

Source: The Inquirer, "Suit filed over stent seen as unnecessary," Marie McCullough, May 4, 2013