“Health Care Tech Review” Analyzes David McKee MD V. Dennis K Laurion

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 APRIL 2, 2013

“More Doctors Sue Over Bad Online Reviews”

Scott Gibson, Health Care Tech Review (News and Updates for Healthcare IT Professionals)

 As more people turn to the web to help them make decisions about their healthcare, that means more potential patients will check out online reviews about doctors. And many physicians will do everything they can to protect their reputations on the web. In some cases, that includes taking a patient to court because of negative online reviews.

Dr. David McKee of Duluth, Minnesota recently lost a court battle in which he sued a patient’s son who had written negative comments about Dr. McKee on several doctor rating websites. The negative reviews were related to comments Dr. McKee had made to the patient and his family. Though Dr. McKee claimed the online reviews hurt his reputation and his business, the court threw out the case on the grounds that the comments were true and therefore not defamatory.

Doctors rarely win those cases. David McKee isn’t the only doctor who’s gone to court recently because of negative online reviews, says a story in the Boston Globe. According to the Digital Media Project at Harvard University, there have at least seven court cases over the past five years or so related to online reviews of doctors.

Those lawsuits show how difficult it is for doctors to win. In all of those cases, patients either agreed to take down their comments to avoid a suit, or the court threw out the case. In one of the incidents, a neurosurgery patient posted several negative comments about a surgeon online, including insinuations that the doctor was responsible for creating an unusually high risk of death for patients. But when the surgeon sued, the court threw out the case on the grounds that the patient was engaging in free speech about a public issue. The doctor was ordered to pay $50,000 in legal fees.

Most experts warn doctors against taking legal action because of negative online reviews. In addition to the potential for losing a costly legal battle, they warn that in many cases, filing a suit only brings attention to the patient’s complaints.

On top of that, the majority of doctors believe that online ratings have no impact on their business and don’t believe patients give them much weight when they make health care decisions.

Full Article

Defendant Dennis Laurion’s Web Posting

Defendant Dennis Laurion’s Patient Complaint

Plaintiff David McKee’s Reply To Patient Complaint

Plaintiff David McKee’s Cease And Desist Letter To Defendant Dennis Laurion

Defendant Dennis Laurion’s Complaint To Minnesota Board Of Medical Practice

Plaintiff David McKee’s Complaint To Sixth Judicial District Duluth Court

Plaintiff David McKee’s Response To Minnesota Board Of Medical Practice

Defendant Dennis Laurion’s Answer To Plaintiff David McKee’s Complaint

Defendant Dennis Laurion’s Motion For Summary Judgment

Defendant Dennis Laurion’s Deposition Extracts

Plaintiff David McKee’s Deposition Testimony About Circumstances Before Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony About Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony About Circumstances After Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony In Response To Questions By Marshall Tanick

Affidavits By Defendant Dennis Laurion’s Parents

Defendant Dennis Laurion’s Supplemental Motion For Summary Judgment

Plaintiff David McKee’s Motion To Oppose Summary Judgment

Defendant Dennis Laurion’s Reply Memo In Support Of Motion For Summary Judgment

Sixth Judicial District Court’s Order On Motion For Summary Judgment

Plaintiff David McKee’s Appeal Of Order On Motion For Summary Judgment

Plaintiff David McKee’s Brief To Minnesota Court Of Appeals

Defendant Dennis Laurion’s Brief To Minnesota Court Of Appeals

Plaintiff David McKee’s Reply Brief To Minnesota Court Of Appeals

Minnesota Court Of Appeals Order To Strike Portion Of Plaintiff David McKee’s Reply Brief

Minnesota Court Of Appeals Announces Decision

Defendant Dennis Laurion’s Petition For Review By Minnesota Supreme Court

Plaintiff David McKee’s Opposition To Review By Minnesota Supreme Court

Defendant Dennis Laurion’s Brief To Minnesota Supreme Court

Plaintiff David McKee’s Brief To Minnesota Supreme Court

Defendant Dennis Laurion’s Reply Brief To Minnesota Supreme Court

Minnesota Supreme Court Decision On David McKee MD V. Dennis K. Laurion

David McKee MD v. Dennis Laurion 2010

David McKee MD v. Dennis Laurion 2011

David McKee MD v. Dennis Laurion 2012

David McKee MD v. Dennis Laurion 2013

McKee V Laurion Is A Textbook Case

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