Thomson Reuters: Hold That Rating

Standard

OCTOBER 25, 2012

“HOLD THAT RATING”

Peter Rudegeair, Thomson Reuters Legal News

Image-Think-Before-Posting

A neurologist in Minnesota has sued the son of a patient who posted critical online comments about the doctor’s performance, a case that has now gone all the way to the state’s Supreme Court, the Associated Press reports.

In the lawsuit, David McKee has questioned the veracity of six critical statements Dennis Laurion made about his bedside manner on a rate-your-doctor website, including a comment from a nurse who purportedly called McKee “a real tool.” Laurion asserted that the nurse existed but couldn’t remember her name, while McKee alleges she was contrived by Laurion. He told the Minneapolis Star Tribune in March that he had to spend more than $7,000 to remove more than 100 vitriolic comments from the Internet, many of which could be traced to a single IP address. A district court in Duluth tossed his suit last year, but an appeals court reinstated it in January.

The Associated Press notes that lawsuits over professional reviews are rare, given that most are positive and that a plaintiff must prove that reviewers posted knowingly false statements. Eric Goldman, a professor at Santa Clara University’s School of Law, has tracked 28 lawsuits healthcare providers brought against negative reviewers, 16 of which were dismissed. One Maine chiropractor won a defamation suit against a former patient who accused him on Facebook of sexually assaulting her, a claim the courts ruled was probably false.

Thomson Reuters

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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