Source:

http://macsnc.courts.state.mn.us/ctrack/view/publicCaseMaintenance.do?csNameID=71108
(case # 111154)

The Minnesota Court Of Appeals has scheduled the online defamation case of David McKee MD v Dennis Laurion for a hearing by a panel of three judges. The oral hearing will be November 10, 2011, at 10:00 AM in the Sixth District Court House of Duluth.

Sources:
http://www.duluthnewstribune.com/event/article/id/202704/
http://minnesota.cbslocal.com/2011/06/25/duluth-doctor-appeals-judges-decision/

Dr. David McKee, a neurologist with Northland Neurology and Myology, said he is still being targeted in online attacks related to the lawsuit he filed in June 2010 against Dennis Laurion.

McKee, who treated Laurion’s father after he suffered a hemorrhagic stroke, alleges that Laurion made false statements about him to neurological associations, other physicians, St. Luke’s Hospital and the St. Louis County Public Health and Human Services Advisory Committee, among others. He is seeking more than $50,000 in damages.

Dennis Laurion claimed that any statements he made about the doctor were true and that he was immune from any liability to the plaintiff.

McKee said a sudden concentration of unfavorable critiques about him cropped up online before Sixth District Judge Eric Hylden dismissed the suit.

“It appears that Mr. Laurion made over 100 adverse postings on the Internet once he became aware that he was going to receive a favorable decision on the motion for summary judgment,” McKee said. “Appealing seems to me the only way to curb the activities of this malicious person.”

Laurion said he has not posted anything on the Internet about McKee since the lawsuit was filed last June. He said his lawyer advised him not to. But, because the case was thrown out, technically he could if he wanted to, he said.

Laurion said he was aware there was an influx of Internet chatter about McKee after a link to a story about McKee appeared on the high-traffic website reddit.com.

Kenneth Laurion spent four days at St. Luke’s hospital in April 2010. John Kelly, Dennis Laurion’s lawyer, told the News Tribune last summer they didn’t feel McKee acted appropriately toward their father, and they reported it to the hospital and Board of Medical Practice.

Hylden wrote in his 18-page order dismissing the suit that the court did not find Laurion’s statements about McKee defamatory, “but rather a sometimes emotional discussion of the issues.”

Hylden addressed the fact that Laurion posted some of his criticisms of McKee on websites. “In modern society, there needs to be some give and take, some ability for parties to air their differences,” the judge wrote. “Today, those disagreements may take place on various Internet sources. Because the medium has changed, however, does not make statements of this sort any more or less defamatory.”

Hylden concluded his order by stating that there wasn’t enough objective information provided to justify asking a jury to decide the matter.

In his suit, McKee alleged that Laurion made false statements including that McKee “seemed upset” that Kenneth Laurion had been transferred from the Intensive Care Unit to a ward room; that McKee told the Laurion family that he had to “spend time finding out if [the patient] had been transferred or died;” that McKee told the Laurions that 44 percent of hemorrhagic stroke victims die within 30 days; that McKee told the patient that he didn’t need therapy; that McKee said it didn’t matter that the patient’s gown was hanging from his neck with his backside exposed; that McKee blamed the patient for the loss of his time; and that McKee didn’t treat his patient with dignity.

According to the Minnesota Board of Medical Practice website, McKee has had no disciplinary actions brought against him.

“I’m very disappointed by this court’s decision because as far as I can see the only avenue that I can see that I had to respond to this overwhelming attack was through the courts, and for the time being it appears that avenue has been closed without me ever getting a chance to present my evidence,” McKee said.

“Dennis Laurion is a liar and a bully and a coward,” McKee said. “He knowingly made false and malicious statements about me to a total of 19 different professional and medical organizations, regulatory agencies and websites.”

Laurion’s attorney John Kelly was critical of McKee’s reaction to the decision. “I think it’s regrettable that somebody would choose language of that kind in commenting on a court decision,” Kelly said. “Secondly, this case has always been about Mr. Laurion’s reaction to what he perceived to be poor conduct on the doctor’s part in relation to his interaction with his father. And he stood up and said something about that and the judge has agreed that what he said was within the bounds that are permissible under our law.”

References:

http://boards.medscape.com/forums?128@659.iVYfaQ7qwue@.2a0e380e!comment=1

http://www.techdirt.com/articles/20110629/03411314906/doctor-plans-to-appeal-ruling-that-said-complaining-about-his-bedside-manner-was-not-defamation.shtml#comments

http://jonathanturley.org/2011/05/16/minnesota-doctor-loses-effort-to-sue-patients-son-for-defamation-about-his-allegedly-poor-bedside-manners/

http://www.onpointnews.com/NEWS/Judge-Dismisses-Suit-Over-Bad-Review-of-Doctor-s-Work.html

By Mark Stodghill, April 28, 2011, Duluth News Tribune

A judge threw out a lawsuit today filed by a Duluth physician who said he was defamed by a man who publicly criticized his bedside manner.

Dr. David McKee, a neurologist with Northland Neurology and Myology, alleged that Dennis Laurion of Duluth defamed him and interfered with his business by making false statements to the American Academy of Neurology, the American Neurological Association, two physicians in Duluth, the St. Louis County Public Health and Human Services Advisory Committee and St. Luke’s hospital, among others.

Laurion was critical of the treatment his father, Kenneth, received from McKee after suffering a hemorrhagic stroke and spending four days at St. Luke’s hospital from April 17-21 last year. Kenneth Laurion recovered from his condition.

Dennis Laurion claimed that any statements he made about the doctor were true and that he was immune from any liability to the plaintiff.

In his 18-page order dismissing the suit, Sixth Judicial District Judge Eric Hylden wrote that looking at Laurion’s “statements as a whole, the court does not find defamatory meaning, but rather a sometimes emotional discussion of the issues.”

Hylden addressed the fact that Laurion posted some of his criticisms of McKee on websites. “In modern society, there needs to be some give and take, some ability for parties to air their differences,” the judge wrote. “Today, those disagreements may take place on various Internet sources. Because the medium has changed, however, does not make statements of this sort any more or less defamatory.”
Hylden concluded his order by stating that there wasn’t enough objective information provided to justify asking a jury to decide the matter.

Laurion was relieved by the court’s ruling.

“My parents, who are now 86, my wife and I have found this process very stressful for the past year, since my father’s stroke. There was never just one defendant,” he said. “We’re grateful that Judge Hylden found no need for a trial.”

In his suit, McKee alleged that Laurion made false statements including that McKee “seemed upset” that Kenneth Laurion had been transferred from the Intensive Care Unit to a ward room; that McKee told the Laurion family that he had to “spend time finding out if [the patient] had been transferred or died;” that McKee told the Laurions that 44 percent of hemorrhagic stroke victims die within 30 days; that McKee told the patient that he didn’t need therapy; that McKee said it didn’t matter that the patient’s gown was hanging from his neck with his backside exposed; that McKee blamed the patient for the loss of his time; and that McKee didn’t treat his patient with dignity.

According to the Minnesota Board of Medical Practice website, McKee has had no disciplinary actions brought against him.

“I’m very disappointed by this court’s decision because as far as I can see the only avenue that I can see that I had to respond to this overwhelming attack was through the courts, and for the time being it appears that avenue has been closed without me ever getting a chance to present my evidence,” McKee said.

McKee said he hadn’t had a chance to confer with Marshall Tanick, his Minneapolis attorney. He said he will do so before he decides whether to appeal the decision. Tanick told the News Tribune he had not yet seen the decision and couldn’t comment on it.

“Dennis Laurion is a liar and a bully and a coward,” McKee said.

More: http://www.duluthnewstribune.com/event/article/id/197679/publisher_ID/36

Ruling: http://www.onpointnews.com/docs/Mckee-v-Laurion.pdf

In the restaurant industry, they say that one satisfied customer tells 3 friends, and 1 unsatisfied customer tells 7 friends. The neutral customer generally doesn’t tell anyone. It’s word of mouth marketing mostly for restaurants, so you have to make sure to prevent unsatisfied customers.

Sorry to disappoint you if it isn’t scientific, but that is just the way people think. These sites do have value, but not the value you think.

I think consumers should browse the Internet and not solely rely on free information, after all – you get what you pay for.

I hadn’t thought about the randomization issue. I had, otoh, thought about the broader issue of self-selection bias: flaming idiots (and upset people) might be far more likely to post a rating than others, or not – who can tell.

Completely agreed re repeat raters. Didn’t I hear that TV talent shows gave up and now let you vote as often as you want? Otherwise, the vote would be biased in favor of more devious citizens – just as you suggest about doctor ratings. Not good.