Brian Deon Brown: “Real Tool” and Other Comments About Doctor Are Not Defamatory

FEBRUARY 16, 2014

” ‘Real Tool’ and Other Comments About Doctor Are Not Defamatory”

Brian Deon Brown, Exclusive Rights To Use

Online statements to various “rate your doctor” websites” as well as letters sent to “medically-affiliated institutions” “of and concerning” a doctor’s bedside manner or lack thereof, were recently found not defamatory by the Minnesota Supreme Court in Mckee vs. Laurion.   As a result, the Minnesota Supreme Court had no problem reversing a January 23, 2012 Court of Appeals decision to deny the defendant’s motion for summary in  McKee v. Laurion, No. A11-1154, 2012 WL 177371 (Minn. App. Jan. 23, 2012).

In the Supreme Court’s view, none of the defendant’s comments  had any “defamatory meaning” and on their own, were substantially accurate depictions of the doctor’s statements to his patient or were the type of vague communication incapable of being proven true or false under the circumstances.   Thus, it’s ok, at least in Minnesota, to describe your doctor or medical professional to others as a “real tool” or to comment truthfully on his or her rude/insensitive behavior during the course of an examination.

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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