Michael J. Sacopulos, Esq.
Westlaw Journal recently reported that a judge has dismissed a lawsuit filed by a Duluth neurologist who claimed he was defamed by a patient’s son that criticized his bedside manner.
Dr. David McKee alleged in his lawsuit that Dennis Laurion of Duluth made false statements about McKee’s treatment of Laurion’s father to the American Academy of Neurology, St. Luke’s Hospital, colleagues and several internet websites that “solicit physician reviews and ratings.” Laurion alleged McKee failed to treat his father with dignity following a stroke. Further, Laurion posted that McKee treated his father as a “task and charting assignment.”
This defamation case came before Judge Hylden of St. Louis County, MN. Judge Hylden, who dismissed the case stating the allegedly defamatory statements were more an issue of the parties “talking about the same thing” but from different points of view. [This is difficult for me to imagine…] Additionally, the judge thought the matter unworthy of a jury’s time. At this time it is unknown if McKee will appeal the trial court’s dismissal.
There are several key “take away points” from this recent case. First, defamation suits are not a good option for physicians dealing with brutal postings. Second, the postings in this case are focused on how the physician allegedly talked to the patient and family. The postings did not comment on how the physician medically cared for the patient. Yet another example showing that rating sites reflect bedside manner and not the clinical abilities of physicians.
The judge’s order cites the doctor’s depositions as agreeing to having said things as “jocularity,” rather than rudeness. I saw this at onpointnews.com/docs/Mckee-v-Laurion.pdf .
These cases need to be brought up as class action suits from the medical field against the rating sites that unverifiably post any slanterous view whether true or from an actual patient. In this case the doctor could verify that this post was from who but in most cases and most sites we can not verify who is posting these reviews.
As long as the postings on these rating sites are anonymous, while the physician who is the object of the comments is named, this will continue to be a cesspool of slander and defamation. These sites should require the verifiable identity of the person making the comment so the physician can respond and comment, including refuting distortions or outright lies
The doctor filed an appeal according to http://www.techdirt.com/articles/20110629/03411314906/doctor-plans-to-appeal-ruling-that-said-complaining-about-his-bedside-manner-was-not-defamation.shtml#comments .
The Minnesota Court Of Appeals has scheduled 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.
This case pends in briefing status at the Minnesota Supreme Court:
http://statecasefiles.justia.com/documents/minnesota/supreme-court/list-6.pdf?ts=1333562830
http://defamationlaw.net/mckee-v-laurion-the-defamation-saga-continues/