Darviris v. Petros

May a patient who claims to be the victim of an unauthorized medical procedure bring an action against her physician for unfair or deceptive practices in violation of G. L. c. 93A? That is the central issue in this case commenced by Georgia Darviris and her husband against James G. Petros, a surgeon, who performed an excisional hemorrhoidectomy on Darviris without her consent, she alleges, and in violation of what has been termed the “patients’ bill of rights,” G. L. c. Ill, § 70E. Resolution of the question determines the outcome of the case because, as we shall explain, the remaining claims…