MEDICAL JUSTICE: “No Day In Court for a Minnesota Physician Who Was Slammed On Line”

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 June 14, 2011

“No Day In Court for a Minnesota Physician Who Was Slammed On Line”

Michael J. Sacopulos, Esq., MEDICAL JUSTICE

Westlaw Journal recently reported that a judge has dismissed a lawsuit filed by a Duluth neurologist who claimed he was defamed by a patient’s son that criticized his 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 several internet websites that “solicit physician reviews and ratings.” Laurion alleged McKee failed to treat his father with dignity following a stroke. Further, Laurion posted that McKee treated his father as a “task and charting assignment.”

This defamation case came before Judge Hylden of St. Louis County, MN. Judge Hylden, who dismissed the case stating the allegedly defamatory statements were more an issue of the parties “talking about the same thing” but from different points of view. [This is difficult for me to imagine…] Additionally, the judge thought the matter unworthy of a jury’s time. At this time it is unknown if McKee will appeal the trial court’s dismissal.

There are several key “take away points” from this recent case. First, defamation suits are not a good option for physicians dealing with brutal postings. Second, the postings in this case are focused on how the physician allegedly talked to the patient and family. The postings did not comment on how the physician medically cared for the patient. Yet another example showing that rating sites reflect bedside manner and not the clinical abilities of physicians.

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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