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Online Patient Reviews: 6 Strategies For Doctors
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HerbRice
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HerbRice,
User Rank: Apprentice
7/21/2014 | 2:45:46 AM
Re: “From now until the end of time, I’ll be the jerk neurologist who was rude to a World War II veteran,”
 

[[ QUOTE ]] McKee sued Laurion for defamation. A local Duluth newspaper picked up on the story, favoring Laurion's interpretation of events. McKee claims the writer called him shortly before close of business Friday to solicit a quote; the story ran the following day. "The article was written like I was being reviewed for misconduct," McKee says. In fact, no action had been taken against him by any of the organizations Laurion had written to. [[ /QUOTE ]]

Patient's son complains; Duluth doctor sues

Duluth News Tribune, Saturday, June, 12, 2010

A Duluth physician is suing the son of a former patient for publicly criticizing his bedside manner. Dr. David McKee, a neurologist with Northland Neurology and Myology, filed the lawsuit, which was made public Friday, in St. Louis County District Court. McKee alleges that Dennis Laurion of Duluth defamed him and interfered with his business by making false statements to various third parties, including 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 hospital, among others.

Laurion claims that any statements he made about the doctor were true and that he is immune from any liability to the plaintiff. He referred questions to his Duluth attorney, John Kelly.

McKee is asking for more than $50,000 in damages. The doctor was paged Friday but did not return a call seeking comment. He is being represented by Minneapolis attorney Marshall Tanick, who in a phone interview alleged that Laurion defamed his client in several ways, including posting negative reviews of McKee on various websites. The basis for the lawsuit is the defamatory statements that were made on websites and to other sources, Tanick said. However, by no means does Dr. McKee want to in any way prevent or affect any kind of communications that may be made to the Board of Medical Practice or any other regulatory agencies. The purpose of the lawsuit is to prevent defamation being made on the websites and through other sources.

Kenneth Laurion, 85, a Navy combat medic in the Solomon Islands during World War II, suffered a hemorrhagic stroke and spent four days at St. Luke hospital from April 17-21. He recovered from his condition.

McKee also alleges that the defendant made false statements about him to others including: McKee seemed upset' that Kenneth Laurion had been transferred from the Intensive Care Unit to a ward room. McKee told the Laurions that he had to spend time finding out if [the patient] had been transferred or died. McKee told the Laurions that 44 percent of hemorrhagic stroke victims die within 30 days. McKee told the patient that he did not need therapy. McKee said that it didn't matter that the patient gown was hanging from his neck with his backside exposed. McKee blamed the patient for the loss of his time. McKee didn't treat his patient with dignity.

Defense attorney Kelly said it was a tense and emotional situation for the Laurion family. They were worried about Dad and the doctor comes along and, from their point of view, of what they saw and what they heard, they felt that the doctor didn't act appropriately toward the father, Kelly said. So, among other things, they saw fit to report it to the hospital and to the Board of Medical Practice, which they have every right to do under the patient Bill of Rights, and they get sued.

Kelly said his client did post ratings of McKee on some websites but said he asked to have them removed, and they were. The defense attorney thinks that the lawsuit is without merit. "I think it is an unfortunate incident of someone attempting to punish a person who has spoken out of concern for a family member," Kelly said.

According to the Minnesota Board of Medical Practice website, McKee has had no disciplinary action brought against him.
anon2241971485
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anon2241971485,
User Rank: Apprentice
7/9/2014 | 3:24:40 AM
Follow the court case of Professor Streisand
To follow the court progress or for information about the plaintiff and defendant - Sally Vogl-Bauer V. Anthony Llewellyn, not David McKee MD V. Dennis Laurion -

 

1. Visit http://wcca.wicourts.gov/index.xsl .

2. Click "I agree" .

3. You'll be taken to http://wcca.wicourts.gov/simpleCaseSearch.xsl;jsessionid=640964EA587D052C62E1CAF493A883FA.render6 .

4. Name = Llewellyn .

5. County = Walworth .

6. Case Number = 2013CV001140 .
Alison_Diana
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Alison_Diana,
User Rank: Author
5/27/2014 | 9:38:57 AM
Re: Paging Professor Streisand
Stifling someone's right to free speech and to sharing their opinion via a common media is frightening because of the infamous slippery slope it creates. On the other hand, you can certainly see how a professor would be upset by one student ripping apart her classroom performance, abilities, and grading. Many professionals across specialties have one dissatisfied client/student/customer, but the squeaky wheel tends to get the oil -- and attention.

If I was that professor, I'd take some of the steps outlined in the story I wrote -- after consulting with my attorney, since this has escalated: For one thing, facts fight one person's opinion, so I'd share the percentage of students who got As, Bs, etc., and the (if small!) percentage of students who failed. The professor should be prepared to share all her interactions with this student, particularly those related to his grades, attendance, and prior discussions about the possibility he would fail. She might also want to encourage current and former students to post their own comments and videos on this ex-student's comments to demonstrate how much others like her classes. 

Individuals and organizations must learn how to combat bad reviews. They are going to appear and I'd suggest professionals document their processes so they are well-armed to combat any disparaging online remarks they believe are unfair. 
anon5076539934
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anon5076539934,
User Rank: Apprentice
5/26/2014 | 6:27:25 AM
Paging Professor Streisand
 

WHITEWATER, Wis. (AP) — A University of Wisconsin-Whitewater professor is suing a former graduate student who posted online comments and videos that the teacher considers defamatory.

 

Anthony Llewellyn took a class last year from communications professor Sally Vogl-Bauer, but the experience didn't go well, the Janesville Gazette reported (http://bit.ly/1hcjNmn ) Thursday.

 

Llewellyn posted comments on professor-rating sites accusing the teacher of criticizing his academic abilities, grading him unfairly and causing him to fail out of school. He said he spoke with her in April about his concerns, two months before he was told he had failed her class.

 

Vogl-Bauer contends the comments amount to defamation, while Llewellyn says his goal was simply to inform the public about how the professor treated him.

 

Tim Edwards, the attorney representing Vogl-Bauer, said the comments could be especially damaging to someone in a small professional community. He said he and Vogl-Bauer agree that students should be allowed to express their opinions, "but when you go so far beyond that, into a concerted effort to attack somebody's reputation because things didn't go your way, that's much different."

Edwards and Vogl-Bauer asked Llewellyn to take down his online comments and videos. They filed the lawsuit after he refused.

 

Llewellyn said it's important for the videos and comments to stay online so the public can remain informed.

 

"I don't feel I've (gone) too far with my videos and comments because everything posted basically communicates exactly how Sally Vogl-Bauer treated me," Llewellyn said.

 

The lawsuit seeks punitive damages and attorney and trial fees. The case is scheduled to go a jury trial in September.

 

It's not clear how successful the lawsuit will be, but a similar case in Minnesota ended with a ruling in favor of the person who posted the online rating. In the case (David McKee MD vs Dennis Laurion), a doctor took offense when a patient's son went on a rate-your-doctor website and called him "a real tool," slang for stupid or foolish. The Minnesota Supreme Court ruled in January 2013 that the comment wasn't defamatory because it was an opinion protected by free-speech rights.

___

Information from: The Janesville Gazette, http://www.gazetteextra.com
Alison_Diana
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Alison_Diana,
User Rank: Author
5/22/2014 | 11:29:19 AM
Re: “From now until the end of time, I’ll be the jerk neurologist who was rude to a World War II veteran,”
Complaints about bedside manner are legitimate and patients should definitely take them into account when considering a doctor, if that's important to them. I've looked at those comments when trying to find a new doctor or specialist. In some cases, bedside manner is a minor issue; in others - such as a pediatrician - it's a huge concern. Physicians (like any other service provider) should realize how they deal with clients is part of their offering. If they are brusque, then they need to recognize some people won't want to go to them. 
Alison_Diana
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Alison_Diana,
User Rank: Author
5/22/2014 | 11:18:33 AM
Re: Sceptical Scalpel questions the patient
Wow. I'm surprised some of the freedom of speech groups - ACLU, for example - didn't get involved in this case, given its apparent repurcussions across a broader spectrum than the individuals involved in this particular instance. Review sites are a fact of online life and physicians, hospitals, and other healthcare providers will have to deal with them in a manner other than lawsuits. Hopefully the courts will agree and will stop allowing people to destroy others' livelihoods. Of course, some ratings are totally wrong. They are driven by all sorts of mean-spirited nonsense, and that goes on across all sorts of professions. Typically, the nonsensical bad review gets voted down by people who up vote the provider (be it doctor, painter, or restaurant) based on their genuine respect for the service. 
anon9383186833
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anon9383186833,
User Rank: Apprentice
5/22/2014 | 3:29:16 AM
Sceptical Scalpel questions the patient
"DOC'S DEFAMATION LAWSUIT: THE PATIENT'S SIDE"

PHYSICIANS WEEKLY  BY SKEPTICAL SCALPEL

 

Are you familiar with a case in Minnesota where a doctor sued a patient's son for defamation over a negative review he posted? Dr. David McKee's defamation lawsuit recently came up again because BuzzFeed posted an article entitled "Insult And Injury: How Doctors Are Losing The War Against Trolls." (The Jake Rossen article - http://www.buzzfeed.com/jakerossen/insult-and-injury-inside-the-webs-one-sided-war-on-doctors - would appear here but is deleted because somebody else posted it above.)

 

I tweeted a link to that article, and Dennis Laurion, whose father was the patient in the Minnesota, case wrote to me. (Laurion's reply to Jake Rossen's article would be here, but it was posted above.)

 

Correspondence of Skeptical Scalpel and Dennis K. Laurion:

 

[Scalpel] I very much appreciate your email and the clarification of your situation. I hope you realize that I personally took no side in the dispute you had with Dr. McKee.

 

[Laurion] Thanks, Doctor, for the courtesy of your reply. I do realize that you just tweeted the existence of the article.

 

[Scalpel] Most of the stories about your case tended to sympathize with the doctor and, his defamation suit brought far more attention to him and his behavior than if he had simply let it go. Is the litigation completely over?

 

[Laurion] Yes. For a while, the plaintiff threatened in settlement demands, to sue me for 500+ remarks made on Reddit.com. His "proof" was that most of the remarks came from Duluth, and I live in Duluth; he also lives and works in Duluth. He threatened to subpoena IP numbers and sue every poster, presumably all my relatives and friends, if I didn't settle. I hadn't posted to Reddit, I don't know anybody who did, and nobody ever asked my ISP for my IP number or browsing history.

 

[Scalpel] Did you win the case?

 

[Laurion] I won dismissal from the Minnesota Supreme Court; he won the right to make me spend $56K I didn't have. Minnesota allows "hip pocket lawsuits." The plaintiff served me but didn't file in court. He almost immediately asked my insurance company for a settlement, apology, and confidentiality agreement. This lawsuit was apparently supposed to last 3 weeks and never be filed in court; however, my insurance company doesn't offer me defamation coverage, and I filed my reply through the court, putting the suit into public record and the attention of newspapers.

 

[Scalpel] Do you have any recourse as far as say, counter-suing Dr. McKee?

 

[Laurion] No. In Minnesota, each party is responsible for their own legal fees. Dr. McKee had to reimburse me about $2000 of filing fees and printing costs. I'd have contemplated a suit for abuse of process, but the Appellate Court's decision not to dismiss tended to dilute my complaint.

 

[Scalpel] Are you familiar with strategic lawsuit against public participation lawsuits? If I recall correctly, your case took place in Minnesota which has an anti-SLAPP law.

 

[Laurion] I wanted my lawyer to file a SLAPP motion, but Minnesota SLAPP law only applies to actions that are wholly or in part government petitions. The plaintiff' only charged me for my internet rating site reviews and mention of my letter to the Medicare Ombudsman, the County Health Department, or the Minnesota Board of Medical Review; however, my comments to those sources were quoted in briefs and newspaper comments.

 

Reference: http://www.physiciansweekly.com/docs-defamation-lawsuit-patients-side/

 

Skeptical Scalpel is a retired surgeon and was a surgical department chairman and residency program director for many years. He blogs at SkepticalScalpel.blogspot.com and tweets as @SkepticScalpel.
DennisLaurion
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DennisLaurion,
User Rank: Strategist
5/7/2014 | 3:35:15 AM
Re: “From now until the end of time, I’ll be the jerk neurologist who was rude to a World War II veteran,”
BUZZFEED: "Insult And Injury: How Doctors Are Losing The War Against Trolls"

 

As one of the "trolls" detailed in the article, I have no issue with the accuracy of the text - at least as it pertains to me - but the tone of the title fails to distinguish sincere complaints about bedside manner from attacks on mental stability, attacks on medical prowess, fake websites, allegations of dangerous injections, and use of multiple identities. The author said "McKee and Laurion agree on substance..." 
anon8549682611
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anon8549682611,
User Rank: Apprentice
5/5/2014 | 2:58:47 AM
“From now until the end of time, I’ll be the jerk neurologist who was rude to a World War II veteran,”
 "The Streisand Effect." refers to the consequence of inviting even more negative attention by trying to remove negative attention. (The) inspiration was Barbra Streisand's objecting to a photo of her house in California being made part of a series documenting coastal erosion. Her complaints made the image far more pervasive online than it would have been had she simply ignored it.

 

David McKee, M.D., a Duluth, Minn., neurologist, was unaware of this phenomenon at the time he decided to sue Dennis Laurion. Laurion's father, Kenneth, had suffered a stroke in April 2010; McKee was called in to assess Kenneth's condition.

 

McKee asked if Kenneth felt like getting out of bed so he could make an assessment on mobility. He did, though his gown was partially undone in the back. According to the Laurions, McKee was oblivious to Kenneth's modesty. "His son was right there," McKee counters. "If he was concerned about the gown, he didn't get out of his chair to tie it."

 

The family exited the room while McKee conducted a brief examination. Laurion says he returned to find his father partially conscious. His head, Laurion asserts, was "pushed against the railing" of the hospital bed, appearing to be a victim of postural hypotension that resulted in a brief fainting spell.

 

Unaware of any resentment, McKee went to the nurse's station to dictate notes; an irritated Dennis Laurion consulted with his family to see if his impression of the arrogant doctor was real or imagined. At no point did he approach McKee to clear the air. Instead, he fired off a dozen or more letters to a variety of medical institutions, including the hospital's ombudsman, the Minnesota Board of Medical Practice, Medicare, and the American Medical Association.

 

McKee sued Laurion for defamation. A local Duluth newspaper picked up on the story, favoring Laurion's interpretation of events. McKee claims the writer called him shortly before close of business Friday to solicit a quote; the story ran the following day. "The article was written like I was being reviewed for misconduct," McKee says. In fact, no action had been taken against him by any of the organizations Laurion had written to.

 

Two events further demoralized McKee. In April 2011, the judge granted Laurion's motion for summary judgment, ruling his comments were protected free speech. Worse, a user on Reddit.com posted the newspaper story. Almost overnight, dozens of "reviews" popped up on RateMDs.com and other sites with outlandish commentary on McKee, who was referred to as "the dickface doctor of Duluth." Their software was apparently unable to determine that a surge of opinion over a matter of hours was highly unusual activity for a physician who normally received perhaps three comments in a year.

 

McKee found no easy way to exit the situation. "You get drawn in," he says, suggesting his lawyer nudged him into further action. "It's throwing good money after bad. ... I wanted out almost as soon as I got in, and it was always, 'Well, just one more step.'" McKee appealed, and the summary judgment was overturned. The case, and the measurable impact of being labeled a "real tool," was now headed for the Minnesota Supreme Court.

 

Law professor Eric Goldman, who says he feels physicians are "thin-skinned" when it comes to patient complaints, is confident that litigation is never the answer. "I imagine many lawyers saying that's not good idea," he says. "Good lawyers, anyway. McKee made a bad call. There are no winners in defamation lawsuits, and you should advise clients of that."

 

McKee was rated for several years as a top provider in Duluth Superior Magazine, a well-regarded lifestyle publication that recently folded. But his online reputation will outlive that. "From now until the end of time, I'll be the jerk neurologist who was rude to a World War II veteran," the physician says. "I'm stuck with it forever."

 

Full article:

http://www.buzzfeed.com/jakerossen/insult-and-injury-inside-the-webs-one-sided-war-on-doctors
anon2885669109
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anon2885669109,
User Rank: Apprentice
2/27/2014 | 1:59:04 AM
Re: Streisand Effect for litigious doctors
Other reaction to David McKee MD v. Dennis Laurion. There are several Dr. David McKee entities. This refers to Dr. David McKee of Integrity Health Network and Northland Neurology and Myology, practicing at St. Luke's Hospital in Duluth MN.

 

Jane Kirtley, a professor of media ethics and law at the University of Minnesota School of Journalism, told the Star Tribune that the ruling stems from "an elementary principle of libel law." She said that this isn't a blank check for people to make false factual statements. She said, rather, that it's "an endorsement that statements of opinion are protected under the First Amendment."

 

According to the Duluth News Tribune, Minnesota Newspaper Association attorney Mark Anfinson, who watched the oral arguments before the Supreme Court in September, said that the justices made the right decision. Anfinson also told the News Tribune, "What this case really exemplifies is not so much legal precepts in libel law, but the impact of the Internet on the ability to publish unflattering comments about people."

 

Anfinson was also interviewed by Minnesota Lawyer. He said, "Anyone who knew about the case, who observed the oral arguments, and who knows something about libel law is about as unsurprised with this result as they can be. It's about as perfunctory and routine as the Supreme Court ever gets. It was a completely straightforward application of long-settled libel-law rules."

 

Anfinson said the case is more significant for social commentary purposes than for its legal analysis, noting that perhaps the justices only accepted the case to fix an error of the Court of Appeals.

 

Laurion's attorney, John D. Kelly, said the fact that Laurion's speech was made online was inconsequential to the ruling, which treated it as a standard defamation case. "It's almost as if things were said around the water cooler or perhaps posted in a letter to the editor," he said. "I think the principles they worked with are applicable to statements made irrespective of the medium."

 

Commenting about this case on his own blog, February 8, 2013, Aaron Kelly, internet law & defamation law attorney, said "Thanks to the First Amendment, free speech is the law of that land, and that means being able to communicate our views publicly – no matter how offensive."

 

The Mankato Free Press  said in February 2013: "It's puzzling why McKee's defamation lawsuit — filed nearly four years ago — was still in court. It's long been established that people may spout any opinion they want without fear of being sued . . . It's unsettling that the Appeals Court earlier ruled to allow the suit to continue."

 

Mark A Fischer of Duane Morris LLP, a full-service law firm with more than 700 attorneys in 24 offices in the United States and internationally, said on February 11, 2013, "For those who are under criticism, one of the practical consequences of bringing a defamation action is that more publicity for the accused statements is almost an inevitable result, whether the statements are ultimately found libelous or not.  In other words, in weighing the pros and cons of initiating a lawsuit, all potential defamation and privacy claim plaintiffs should consider the rule of Hippocrates applicable to physicians, 'First do no harm.'"

                                        

In his Technology & Marketing Law Blog, Eric Goldman said on February 4, 2013, "I've been tracking doctor v. patient lawsuits for online reviews. . . doctors usually lose or voluntarily drop these lawsuits. Indeed, with surprising frequency, doctors end the lawsuit by writing a check to the defendant for the defendant's attorneys' fees where the state has a robust anti-SLAPP law. Doctors and other healthcare professionals thinking of suing over online reviews, take note: you're likely to lose in court, so legal proceedings should be an absolute last-resort option--and even then, they might not be worth pursuing."

 

Dan Hinmon, the principal of Hive Strategies, wrote for Health Care Communication, on March 21, 2013, "According to the Star Tribune, McKee is now ticked off at the people who posted hundreds more negative comments about him after the story went viral. Incredulously, the story reports that McKee 'hasn't ruled out a second lawsuit stemming from these posts.' Yes, you read that right. After spending 'at least $50,000 in legal fees and another $11,000 to clear his name online after the story went viral,' McKee is considering suing the rest of the people who, exercising their right of protected speech, chimed in. I'm speechless."
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