Becker’s Hospital Review: Defamation Suit Over Online Review of Physician Heads to MN Supreme Court

March 30, 2012

“Defamation Suit Over Online Review of Physician Heads to MN Supreme Court”

Mollie Gamble, Becker’s Hospital Review

 5e7a4-defamation

A Minnesota neurologist is suing a patient’s relative for defamation after he published a negative review online, and the case is now pending before the Minnesota Supreme Court, according to a Star Tribune report.

David McKee, MD, of Duluth, treated Dennis Laurion’s father roughly two years ago. Unimpressed with the physician’s bedside manner, Mr. Laurion wrote a disapproving review on a rate-your-physician website.

Dr. McKee sued Mr. Laurion for defamation, making him one of a small number of physicians who have gone to court over online criticism. Dr. McKee’s attorney said his client had no choice but to protect his practice and professional reputation. “It’s like removing graffiti from a wall,” Marshall Tanick, JD, said in the report. Dr. McKee has reportedly already spent more than $7,000 in attempts to clear the Internet of negative comments, most of which are linked to a single IP address.

Mr. Laurion’s attorney is defending the postings, saying Mr. Laurion’s perception of the physician’s behavior is constitutionally protected.

Minnesota courts have shown mixed reactions so far, as a district court dismissed Dr. McKee’s suit last year but the state Appeals Court reinstated it in January. Mr. Laurion has now appealed to the state Supreme Court.

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

on

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s