McKee V. Laurion – Dr. McKee Deposed About Conditions And Circumstances Before Encounter With The Laurion Family At St. Luke’s Hospital

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The following text is copied from Exhibit AA-156 of David McKee, MD, V. Dennis K. Laurion.

State of Minnesota District Court

Sixth Judicial District

File # 69DU-CV-10-1706

David McKee, MD, Plaintiff, vs. Dennis K. Laurion, Defendant

Deposition of David C. McKee, MD, January 7, 2011

Carol Danielson Bille, RPR, Danielson Court Reporting, LLC The following is the deposition of David C. McKee, MD, taken before Carol Danielson Bille, RPR, Notary Public, pursuant to Notice of Taking Deposition, at the law offices of Hanft Fride, PA, 1000 U. S. Bank Place, 130 West Superior Street, Duluth, Minnesota, commencing at approximately 11:43 a.m., January 7, 2011.

Appearances

For the Plaintiff:

Marshall H. Tanick, Esq.

Mansfield, Tanick, and Cohen, P. A.

1700 U. S. Bank Plaza South

220 South Sixth Street

Minneapolis, Minnesota, 55402-4511

612-339-4295

For the Defendant:

John D. Kelly, Esq.

Nathan N. LaCoursiere, Esq.

Hanft Fride, PA,

1000 U. S. Bank Place,

130 West Superior Street,

Duluth, Minnesota, 55802

218-722-4766

Proceedings

Mr. KELLY Doctor, would you state your full name for me, please?

Dr.MCKEE: David Charles McKee.

Mr. KELLY And, Doctor, where do you live?

Dr. MCKEE: In Duluth.

Mr. KELLY And where do you practice medicine?

Dr. MCKEE: At multiple locations. Mostly in Duluth, but I do outreach in Virginia, Cloquet, Hibbing, and Grand Rapids.

Mr. KELLY For the record, what is the name of the firm or clinic under which you practice?

Dr. MCKEE: Northland Neurology & Myology.

Mr. KELLY And do you have a partner in that practice?

Dr. MCKEE:¬†There’s another physician in the practice. We’re – – we’re partners in wevery sense except from a business standpoint.

Mr. KELLY All right. Who is that?

Dr. MCKEE: Edward Crisostomo.

Mr. KELLY How long have the two of you been practicing together under that clinic name?

Dr. MCKEE: A little over fifteen years.

Mr. KELLY You’re a neurologist by specialty, are you not?

Dr. MCKEE: Yes.

Mr. KELLY When did you graduate from medical school?

Dr. MCKEE: 1987.

Mr. KELLY And as I recall, it was from the University of Wisconsin?

Dr. MCKEE: Yes.

Mr. KELLY And where did you do your residency?

Dr. MCKEE: Portland, Oregon.

Mr. KELLY Portland. And in what year did you finish your residency?

Dr. MCKEE: I finished my residency in 1991, but then I did a fellowship at McGill University – –

Mr. KELLY In Montreal?

Dr. MCKEE: – – the following year. In Montreal.

Mr. KELLY And what was the fellowship in?

Dr. MCKEE: Neuromuscular diseases and muscle disorders.

Mr. KELLY When were you eligible to sit for your boards?

Dr. MCKEE: The neurology boards?

Mr. KELLY Yes, sir.

Dr. MCKEE: In – – the neurology boards are done in two parts, and you – – the – – it’s a little bit complicated, but the soonest you can become eligible to take the first part, which is a written exam, is six months after you’ve finished your residency. At least that’s in most cases. So, in my case, that would have been very late 1991 or, you know, probably early in ’92.

Mr. KELLY Did you sit for those exams then or wait until you were finished with your fellowship?

Dr. MCKEE: No, I took it then.

Mr. KELLY And the second phase is what? An oral exam?

Dr. MCKEE: If you pass the first phase, then you can take the oral exam, and you can’t take that immediately either. I don’t remember exactly how long you’re required to wait, but it’s – – it’s a matter of a few months.

Mr. KELLY And you are Board-certified, are you, Doctor?

Dr. MCKEE: Yes.

Mr. KELLY And your Board certification was first received when?

Dr. MCKEE: In 1992, as soon as I could have gotten certification.

Mr. KELLY In your particular specialty, do you have to re-certify periodically?

Dr. MCKEE: Like most specialties, there was a point at which the – – the board that determines certification decided that certifications would be – – would not be permanent and would require retesting periodically. But most – – most – – probably all of the specialty boards picked a point at which they grandfathered people in, so in – – in my case, the residency – – my residency class were aware that, for us, we would be able to get under that wire if we passed both portions of the exam at the earliest time we were eligible to take them, and I did that, so my certification in neurology is permanent. But I’m also Board-certified in electrodiagnostic medicine, and that’s something that’s an extension of my fellowship, and – – and, in that case, I became certified long after they had set the grandfather point, so I have to re-do that one every ten years.

Mr. KELLY Do you have a specialty within your specialty? Are there particular – –

Dr. MCKEE: That’s – –

Mr. KELLY – – aspects of neurology that you are particularly focused on?

Dr. MCKEE: That’s the one I was just referring to.

Mr. KELLY: The electrodiagnostic – –

Dr. MCKEE: Neurodiagnostic medicine and peripheral nerve and muscular disorders.

Mr. KELLY: Do you see stroke patients with some frequency in your practice?

Dr.MCKEE: Very often.

Mr. KELLY: And if you would – – I think you started out to tell me this, but I’m not sure. What hospitals are you admitted to practice?

Dr. MCKEE: Well, I have active privileges at St. Luke’s, and I had had courtesy – – actually, the first couple of years I was in Duluth, I think I had active privileges at St. Mary’s, but a few years after I started in Duluth, they changed that to a closed system, and most of the doctors that weren’t directly employed by the Duluth Clinic were switched to courtesy privileges. And so I’ve had courtesy privileges there for a long time, and I actually gave those up a few months back. And I have active or courtesy privileges at Virginia Regional Medical Center. I think they’re actually active, but I’ve never admitted anybody there. And I have courtesy privileges at Fairview Hospital in Hibbing, as well as the hospital in Grand Rapids and – – Memorial Hospital in Cloquet.

Mr. KELLY: I gather, though, that most of your work, to the extent that it involves work in hospitals, is done at St. Luke’s?

Dr. MCKEE: Right.

Mr. KELLY: Has it been your experience that when you deal with patients or families in which a stroke episode has been involved, that the patient and the immediate family members are typically anxious? Upset?

Dr. MCKEE: You know, the – – I would say yes. The range of emotion is – – is quite wide, and there are families that, you know, take this very much in stride. Maybe it’s the third or fourth stroke that somebody has had, and everybody in the family is well aware that the individual has a lot of risk factors for stroke and is almost expecting another one. And – – and there are others that – – that are extremely anxious.

Mr. KELLY: Have you found it to be the case that a patient or their immediately family members will look to the physician for clues as to what can be expected in the case? How things will develop?

Dr. MCKEE: Yes.

Mr. KELLY: And that patients and immediate family members tend to be sensitive to cues and expressions by the practitioner?

Dr. MCKEE: My experience is that they – – they usually have questions about prognosis, although in some cases they – – actually don’t want to carry out any discussion that can be avoided at all, asnd I think that’s sometimes an extension of anxiety; sometimes maybe a little bit of denial.

Mr. KELLY: The hospital gown is a perpetual source of irritation, I think, to everybody. Would you agree?

Dr. MCKEE: Yeah, it’s one of those items that’s never in fashion and always in fashion, I suppose.

Mr. KELLY: It seems to me I’ve read that there’s been some move afoot to try and adopt a new standard for the hospital gown, but I’m not aware that it’s been adopted.

Dr. MCKEE: No, I’m not aware of that, but it seems like an idea that isn’t a bad one.


 

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

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