Arizona Business Law Blog: Minnesota Doctor Files Defamation Lawsuit After Finding Negative Reviews Online

October 25, 2012

Minnesota Doctor Files Defamation Lawsuit After Finding Negative Reviews Online

Arizona Business Law Blog

When a patient’s son posted negative, judgmental comments about a doctor online, the Minnesota physician filed a defamation lawsuit against the young man, Dennis Laurion, according to the Leader Telegram.

Dr. David McKee, a neurologist, has been able to advance the case all the way to the Minnesota Supreme Court, where officials are considering whether the lawsuit should go to trial.

While freedom of speech extends to patients’ views online, there are certain legal rights that doctors have when it comes to defamation. Today, the consumer’s experience can play a much larger role than ever before due to the expansion of the internet.

“Patients now have power to affect their businesses in ways they never had,” Eric Goldman, a professor at the Santa Clara University School of Law, told the news source. “[Medical providers are] evolving how to deal with patient feedback, but they’re still in the process of learning how to do that.”

Image-Boxing-Doctor

The suit also deals with a nurse who called the doctor a negative name behind his back. McKee asserts that the nurse does not exist while Laurion does not recall her name but claims she is a real person.

Because of the growth of social media and blogging over the last several years, the number of defamation lawsuits has grown, according to the website Reputation Hawk. The Communications Decency Act, in particular, deals with libel lawsuits for both businesses and the common layperson.  One benefit for internet-based companies is that the law states that ISPs are not responsible for the content stored on their servers when the information has been published by their users. For other legal definitions of the Communications Decency Act and litigation support in defamation lawsuits, Arizona companies are urged to contact a Phoenix business attorney .

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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