STAR TRIBUNE: “Judge Throws Out Neurologist’s Defamation Lawsuit Against Patient’s Son”

APRIL 29, 2011

“Judge Throws Out Neurologist’s Defamation Lawsuit Against Patient’s Son”
STAR TRIBUNE

DULUTH, Minn. – A judge has dismissed a lawsuit filed by a Duluth neurologist who claimed he was defamed by a patient’s son who criticized the doctor’s bedside manner.

Dr. David McKee alleged in his lawsuit that Dennis Laurion of Duluth made false statements about McKee’s treatment of Laurion’s father to the American Academy of Neurology, St. Luke’s Hospital, colleagues and others. The lawsuit said Laurion alleged McKee failed to treat his father with dignity following a stroke and told him he didn’t need therapy.

McKee tells the Duluth News Tribune that Laurion is “a liar and a bully and a coward.” McKee says he hasn’t decided whether he will appeal Judge Eric Hylden’s ruling. The judge said Laurion’s statements as a whole were not defamatory, but rather “an emotional discussion of the issues.”

Laurion says the lawsuit has been stressful for his whole family and he’s grateful the judge found no need for a trial.

COMMENTS

Nomeds : Wow, if the good Doctor was concerned about the statments made by another, he should really be concerned that this has hit the newspapers.

rusty123: Sounds like the good doctor needs to go back to school to learn the definition of defamatory.

dymoman: Wow, a “good doctor” says that Laurion is “liar, bully, coward”. Sounds like a defamation to me.

drfrankt:  2 classes that should be required for MD’s before graduation and licensure…Bedside Manners (you are not infallible) and Legible Handwriting!

whadjawant:  we need to get over the “doctor-god-complex” we’ve evolved. (1) doctors are human and fallible. (2) their mistakes should be public knowledge – just like mechanics and plubmers – its ok to share information – in PUBLIC formums. (3) patients need to know what the doctors are like AND what the persons complaining about them is like. Fair is Fair.

goferfanz: More proof the civil courtroom is run by lawyers, for trial lawyers. For all the inane medmal lawsuits that go to trial, this one cant even get to a courtroom? Ah yes, our civil courts—>probably the top reason that American jobs have gone overseas (what does Walmart get, like 20 new civil lawsuits a day?). How’s the economy everyone……ask a lawyer, starting with Barry and his pals!

mattmosc: This doctor was my brother-in-laws neurologist. He knows his craft well, but he is short, curt and to the point when he was giving the family his outcome. I was happy he didn’t beat around the bush. Sadly he passed away, but he did not give us false hope!

minnesotacha: I see your point. We should give as much money as possible to corporations, who will surely put the concerns of average citizens such as ourselves above menial profits. We should also do away with the First Amendment so these wonderful companies do not have to hear criticisms which, by definition, must be false.

swmnguy:  Thanks for the insight. That’s what I was suspecting about this doctor from reading the story. Some of these high-powered specialists are almost like people with Asperger’s, in their lack of tact. Beyond the lack of tact, they often don’t listen to advice. The doctor ought to be better with patients’ families, but he’s human so he isn’t. But he also ought to have the sense to leave a bad situation alone and not try to sue under these circumstances. Now he’s goofed twice. Whether he likes it or not, he is in a field that deals with the public. If he’s not capable of it, he needs to hire a personal assistant who is. But guys like this are often so out of sync with normal human emotions they can’t even tell how out of sync they are and they can’t imagine how other people get so upset by them.

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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