CONSUMER AFFAIRS Discusses David McKee MD V. Dennis K. Laurion

MAY 18, 2011

“Judge Dismisses Doctor’s Suit Over Online Posting – Patient’s Son Complained Neurologist Was Insensitive”

Truman Lewis, CONSUMER AFFAIRS

A Minnesota judge has thrown out a lawsuit filed by a neurologist who objected to online criticisms posted by a patient’s son. Dr. David McKee of Duluth sued Dennis Laurion for defamation after Laurion posted critical comments about McKee’s bedside manner.

But St. Louis County District Court Judge Eric L. Hylden said the statements were “nothing more or less than one man’s description of shock at the way he and in particular his father were treated by his physician” and said there was no reason to treat online comments any differently than more traditional means of expression.

Laurion said in his postings that McKee had been brusque and insensitive while examining Kenneth Laurion, 83, who had been hospitalized with a stroke. McKee reportedly said in front of the patient that 44 percent of hemorrhagic stroke victims die within the first 30 days. “I guess this is the better option,” McKee said, according to Laurion. McKee also told the elder Laurion that when he could not find Laurion in intensive care, it took him a while to track him down to the regular room to which he had been moved. McKee said he had “spent time finding out if you were transferred or died,” Laurion’s postings said.

McKee denied making the statements and sued Laurion for $50,000. After Judge Hylden said he found “no defamatory meaning” in Laurion’s posts, McKee was quoted as calling Laurion “a liar, a bully and a coward,” Courthouse News Service reported.

Doctors are famously thin-skinned and frequently react with outrage, threats, and lawsuits when patients dare to complain about the treatment they receive. So far, courts in various states are reacting differently to such cases.

SOURCE

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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