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DARVIRIS v. PETROS

442 Mass. 274 (2004)

GEORGIA DARVIRIS & another v. JAMES G. PETROS.

Supreme Court of Massachusetts, Middlesex.

August 9, 2004.

Attorney(s) appearing for the Case

Herbert D. Friedman (Herbert Abrams with him) for the plaintiffs.

John J. Barter (Claudia A. Hunter with him) for the defendant.

The following submitted briefs for amici curiae:

Thomas F. Reilly, Attorney General, Pamela Kogut & Sara Hinchey, Assistant Attorneys General, for the Commonwealth.

Carl Valvo for Professional Liability Foundation, Ltd., & another.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

MARSHALL, C.J.

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...

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