During his investigation of this case, Dr. Hyde discovered why CMH suspended Dr. Sabit. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. SIM argued that the court could not assume that the jury would have calculated damages and interest in the same manner as plaintiff's economist. Still University, School of Osteopathic Medicine in Arizona Class of 1997 Certifications & Licensure MI State License 1999 - 2024 The general provisions of Article 17 include 20175(8), which states: MCL 333.21515 similarly provides, "The records, data, and knowledge collected for or by individuals or committees assigned a review function described in this article are confidential and shall be used only for the purposes provided in this article, shall not be public records, and shall not be available for court subpoena." [Dkt. 1 0 obj Jiab Suleiman, DO is an orthopedic surgeon who practices at Jiab Suleiman, DO Practice located at 2050 N Haggerty Rd in Canton, MI 48187 (Wayne County). We review de novo a trial court's decision regarding a motion for JNOV. 16 0 obj Dr. Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. Lock assumed Dr. Sabit provided a written response, which would have been given to the board of directors with the rest of Dr. Sabit's file, but Dr. However, the first sections of both Part 215 (regarding hospitals) and Part 201 (the general provisions applicable to Article 17) incorporate the principles of construction set forth in Article 1 of the Public Health Code. B249793), p. 1, 2015 WL 1954590 (alteration in original). However, the specific provision is set forth in Part 215 of Article 17, which addresses matters related to the narrower category of entities that constitute hospitals. at 395, 772 N.W.2d 57 ("[T]here must be facts in evidence to support the opinion testimony of an expert.") We therefore conclude that the judgment against SIM must be reversed. SIM further argues that if a negligent-credentialing cause of action exists, it sounds in medical malpractice and Dr. Hyde's testimony could not establish the standard of care and proximate causation; rather, his testimony was speculative, unreliable, and inadmissible because it lacked a factual basis in the record. Chart of Patients and Treatment Billed to, Exhibit 2 - The Surgical Institute of Michigan, LLC Chart of Patients and Treat, Docket(#22) STIPULATED ORDER Extending time for Defendant Rakesh Ramakrishnan and Defendant Rakesh Ramakrishnan, M.D., P.C. It is undisputed that SIM is a freestanding surgical outpatient facility, as defined by MCL 333.20104(7), and therefore also a health facility or agency under MCL 333.20106(1)(c). " Id. (NAhm) (Entered: 07/22/2022), Docket(#20) NOTICE of Appearance by Theodore R. Eppel on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. 1, 14. Dr. Jagannathan operated on plaintiff on May 24, 2016. <> Lock said, "I'm not sure I understand what summary suspension means." endobj On the whole, we conclude that despite the placement of MCL 333.21515 in Part 215 alongside other provisions applicable to hospitals, the Legislature's reference to the review functions described in Article 17, as opposed to Part 215, evidences its intent to extend the statutory privilege for peer-review materials to all health facilities and agencies with review functions imposed by Article 17. Dr. Suleiman graduated from the A T Still University Kirksville College of Osteopathic Medicine in 1997. Lock explained that he did not make a recommendation regarding Dr. Sabit and was not involved in the vote regarding his application. 2:22-CV-11826 | 2022-08-08, Volusia County Courts | Other | AboutJiab Suleiman, DO. He had [a] Michigan license, he had [a] California license, he has [a] license in New Jersey, and there was nothing outstanding that we could see in paper.". Executive Ambulatory Surgical Center, LLC waiver sent on 6/10/2022, answer due 8/9/2022. This Court found the defendant's position persuasive, agreeing that it was supported by the plain meaning of the statutory privilege. We therefore need not reach the remaining issues that are raised on appeal. Dr. Hyde noted that CMH did not know what Dr. Sabit had already disclosed and would have assumed Dr. Sabit was forthcoming. at 157-158, 908 N.W.2d 319 (vacating judgment on a jury verdict when the trial court restricted questions regarding the genuineness and reliability of key evidence); Miller , 244 Mich.App. Receipt No: AMIEDC-8940305 - Fee: $ 402. Specialities By October 2012, Dr. Sabit was falsely reporting in his records that plaintiff had a complete resolution of her symptoms. 349759). After the verdict was placed on the record, the trial court advised the jury for the first time that there would be a second phase of the trial regarding plaintiff's negligent-credentialing claim against SIM. (Tilden, Nathan) (Entered: 06/08/2022), (#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. He cleaned . 0 Ratings. It was evident that the foregoing issues were noticed by someone in the credentialing process, as they were underlined in a copy of the letter. 5 ], is DENIED AS MOOT. 636c and FRCP 73. EIN 01-0719076 - Jiab Suleiman, D.o., P.c., Dearborn, Michigan As such, the peer-review privilege in MCL 333.21515 applies to SIM. The trial court ultimately determined that the jury intended to comply with its instructions, which required it to include only precomplaint interest, and therefore construed the verdict as awarding 12% interest from February 8, 2012 (date of surgery) through December 1, 2016 (plaintiff's complaint). Phone: (313) 583-3230. Allstate Insurance Company et al v. Executive Ambulatory Surgical Specialties: Hip and Knee Orthopedic Surgery, Orthopedic Surgery, Shoulder and Elbow Orthopedic Surgery. Premier Orthopedics is a provider established in Dearborn, Michigan operating as a Orthopaedic Surgery. Jiab Suleiman, D.o., P.c. Make your practice more effective and efficient with Casetexts legal research suite. Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 6>> On this record, there is no indication that plaintiff would have acquired the letter from a different source. It appears that hospitals and other health facilities and agencies commonly share information about a physician's history for credentialing purposes even when they would not do so in the context of litigation, so much so that the Legislature has granted immunity for such disclosures. SIM also argued that it was inappropriate to enter a judgment against SIM, Dr. Sabit, and MBSPG, jointly and severally, when Dr. Sabit's liability was premised on his default. Plaintiff had been diagnosed with significant major depression and engaged in counseling, coupled with psychotropic medication, for the last year. When asked why he did not inquire about issues other than the purported rule violations, Dr. The court denied SIM's motion because there was nothing in the medical malpractice trial that would potentially prejudice SIM's defense of the negligent-credentialing claim. x\[o~yQ+M6M(vM33| E_dH%Qp83$}OQ{:>|=?::_zG7;GwOS,z>;>=a_8`?q3xp0x'9|Jw{=>~4"*uo#^#LQaIu$5VSbYRxQ Jiab Suleiman, DO is an orthopedic surgeon who practices at Premier Orthopedics located at 17000 Executive Plaza Dr in Suite 101 in Dearborn, MI 48126 (Wayne County). Allstate Ins. Co. v. Orthopedic, P.C. - Casetext at 200, 670 N.W.2d 675 (citations omitted). On May 20, 2011, SIM sent a letter to Dr. Sabit indicating that CMH had raised issues that required further investigation before privileges could be granted. (313) 565-4948. Ctr. Reversed and remanded for entry of judgment in favor of SIM. Dr. Jiab Suleiman, DO - Dearborn, MI | Orthopaedic Surgery - Doximity At oral argument on November 29, 2018, SIM explained that it was inappropriate to apply a 12% interest rate to the past damages awards because the amount awarded for each category of damages included damages from the date of plaintiff's injury to the time of trial, while precomplaint interest was only applicable to the period between an injury and the filing of a complaint. Following a July 19, 2018 hearing, the trial court denied that motion on the basis of plaintiff's proffer of its expert-witness testimony. Id. Plaintiff's complaint also raised claims against Dr. Jiab Hasan Suleiman and his practice, Jiab Suleiman, D.O., PC, doing business as Premier Orthopedics. DeBeaudry agreed that it would be logical and responsible to follow up with Dr. Beaghler, but she was unable to locate any evidence of additional contact with Dr. Beaghler. (Young, Barrett) (Entered: 07/19/2022), (#17) CERTIFICATE of Service/Summons Returned Executed. 165, 168, 804 N.W.2d 754 (2010), that "a credentialing committee is a peer review committee" to which a privilege is afforded. Plaintiff filed this lawsuit in 2016 after learning from another neurosurgeon that the described procedures were not actually performed. Per Curiam. 23 0 obj at 255-256, 865 N.W.2d 908. SIM's credentialing file regarding Dr. Sabit was protected by a statutory peer-review privilege under MCL 333.20175(8) and MCL 333.21515. On May 19, 2011, after the release was signed and returned, Dr. Marc Beaghler, CMH's chief of staff, sent the following letter: Resigned (Provisional at the time of Resignation). (DeNinno, Andrew) (Entered: 06/08/2022), (#3) NOTICE of Appearance by Brad Compston on behalf of All Plaintiffs. At any rate, the only basis for admission of Dr. Beaghler's letter at trial was as part of the credentialing file that should have been excluded from evidence under MCL 333.20175(8) and MCL 333.21515. waiver sent on 6/10/2022, answer due 8/9/2022. The magistrate judge recommended the following findings: (1) the ALJ properly evaluated the opinion of orthopedic surgeon Dr. Jiab Suleiman (id., Pg. DeBeaudry agreed that SIM sent a letter to Dr. Sabit to inquire about some of the issues disclosed by Dr. Beaghler. CMH required Dr. Sabit to execute an extensive release before it would disclose any information. When the statement is offered to establish its effect on the person to whom the statement is made, it is not precluded by the rule against hearsay. Hosp. Jiab Suleiman, M.S., D.O., is a US trained board-certified orthopedic surgeon. 195, 223, 755 N.W.2d 686 (2008) (quotation marks and citation omitted). (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#14) WAIVER OF SERVICE Returned Executed. Albert J. Dib and Barbara H. Goldman for Noel Dorsey. Dr. Jiab Suleiman may order tests like X-rays, CT scan, MRI for correct diagnosis. The relevance of Dr. Beaghler's letter was not to prove the truth of the disclosuresthe alleged deficiencies in Dr. Sabit's performance at CMH were of no moment to this case. Jiab Suleiman DO PC - Dearborn, MI 48126 - Yellow Pages Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC, were treated as a single entity throughout these proceedings. In reaching that conclusion, the Court rejected the plaintiff's contention that the privilege did not extend to materials used in deciding whether to grant staff privileges in the first instance, as opposed to a retrospective review of a past event or issue. SIM's credentialing file contained two copies of this letter. In fact, her continuing back pain left her unable to work throughout most of 2011 through 2014. Find information about and book an appointment with Dr. Jiab H Suleiman, DO in Dearborn, MI, Canton, MI. (Compston, Brad) (Entered: 06/08/2022), Docket(#2) NOTICE of Appearance by Nathan Tilden on behalf of All Plaintiffs. Dr. Hai explained that summary suspensions are common when physicians fall behind on their paperwork or charts; such suspensions are used as an enforcement mechanism to make sure records are completed so services can be billed. Signed by District Judge George Caram Steeh. Phone: (313) 789-5328. Damages Chart, #13 Exhibit 12 - New Clear Images, LLC Damages Chart, #14 Exhibit 13 - Biomolecular Integrations, Inc. Other - Racketeer Influenced & Corrupt Organizations Act, Allstate Property and Casualty Insurance Company, Allstate Fire and Casualty Insurance Company, Executive Ambulatory Surgical Center, LLC, (#22) STIPULATED ORDER Extending time for Defendant Rakesh Ramakrishnan and Defendant Rakesh Ramakrishnan, M.D., P.C. Dr. Jagannathan recently performed a third surgery on plaintiff's back earlier in 2018. Issues of statutory interpretation are reviewed de novo. MCL 333.20106(1)(c) and (f). The second copy included the above underlining added by hand. 5 0 obj Plaintiff also filed a motion to determine the scope of SIM's liability for negligently credentialing Dr. Sabit, arguing that the damages cap applicable to medical malpractice verdicts should not be applied if SIM was found to be vicariously liable for Dr. Sabit's ordinary negligence ("in performing unnecessary, fictitious, and/or incorrect surgery of plaintiff's lumbar spine"), which had been established by default. (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#13) WAIVER OF SERVICE Returned Executed. Woodard v. Custer , 473 Mich. 1, 6, 702 N.W.2d 522 (2005) ; Teal v. Prasad , 283 Mich.App. Boonstra, P.J., and Cavanagh and Gadola, JJ., concurred. (DeNinno, Andrew) (Entered: 06/08/2022), Docket(#4) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Allstate Insurance Company identifying Corporate Parent The Allstate Corporation for Allstate Insurance Company. Instead, he wrote to Dr. Sabit to ask for clarification regarding the allegation of bylaw or rule violations. Because that proffer was based on the contents of the inadmissible credentialing file, the trial court should have granted SIM's motion for summary disposition. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 15>> 22 0 obj County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 8>> 2:23-CV-00410 | 2023-02-01, Palm Beach County 15th Judicial Circuit Courts | Contract | 673 (1939) ("It is indispensable to a fair trial that a litigant be given a reasonable opportunity to ascertain on the voir dire whether any of the jurors summoned are subject to being challenged for cause or even peremptorily."). III. He noted disc degeneration at L4-L5 and decided to remove the interspinous plate and replace it, "along with doing the transforaminal lumbar interbody fusion with PEEK structural allograft at L4-[L]5." MCL 333.20104(7). "An abuse of discretion generally occurs only when the trial court's decision is outside the range of reasonable and principled outcomes, but a court also necessarily abuses its discretion by admitting evidence that is inadmissible as a matter of law." Although Dr. Beaghler's letter was not automatically inadmissible on this basis, see Dye , 230 Mich.App. See Fedorinchik v. Stewart , 289 Mich. 436, 438-439, 286 N.W. (313) 565-4989. endobj waiver sent on 6/10/2022, answer due 8/9/2022. A trial court's evidentiary rulings are generally reviewed for an abuse of discretion, but preliminary questions of law are reviewed de novo. Indeed, at a June 30, 2017 hearing on plaintiff's motion to compel (which was granted), counsel for plaintiff stated with regard to the negligent-credentialing claim, "the only way we're going to prove it is by looking at the credentialing file." Dr. Suleiman | Suleiman Orthopedics Although each of these cases involved hospitals, rather than a freestanding surgical outpatient facility like SIM, the analogous language establishing each health facility or agency's duties is significant. Id. He was never directly employed or compensated by SIM; he merely agreed to help out because SIM had a young, small staff at the time. Dr. Hai had participated in SIM's credentialing process since it first opened, including the decision to grant Dr. Sabit privileges. Additional Specialties: Orthopedic Surgery. <> Because Dr. Hyde was the only expert to testify regarding the applicable standard of care and proximate cause, his testimony was critical to plaintiff's case. See Mich. Gas Utilities v. Pub. We do note, however, that but for our determination that judgment should be entered in favor of SIM, we would in any event have reversed and remanded for a new trial, given that SIM was entirely excluded from participation in voir dire. endobj SIM responded that the credentialing file was privileged and protected from disclosure under MCL 333.21515. Id. Dr. Jiab Suleiman, DO is an orthopedic surgery specialist in Dearborn, MI and has over 25 years of experience in the medical field. endobj Jiab Suleiman, Do, P.c. Npi 1598965543 With over 19 years of experience in orthopedic surgery, Dr. Suleiman has performed an excess of over 10,000 orthopedic procedures, including complex hip and knee replacement and trauma surgery. The court also indicated that the claims against Drs. Facebook gives people the power to share and makes the world more open and connected. Thus, we reverse and remand for entry of judgment in favor of SIM. waiver sent on 6/10/2022, answer due 8/9/2022. The goal of statutory interpretation is to give effect to the Legislature's intent, as discerned from the plain language of the statute. By definition, an out-of-court statement is only considered hearsay if it is "offered in evidence to prove the truth of the matter asserted." 350 Granite Street, Suite 2204 Braintree, MA 02184 Andrew H. DeNinno Plaintiff requests summons issued. endobj A "health facility or agency" is a broad term encompassing several types of entities, including freestanding surgical outpatient facilities and hospitals. Specialties. The CT did, however, show an interspinous plate at L4-L5. Dr. Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. Nearly a decade later, this Court considered the statutory privilege in the context of a medical malpractice action involving a negligent-credentialing theory. MCR 2.611(A)(1)(a). Providers. ("Suleiman PC"), filed this action against Allstate Fire and Casualty Insurance Co. to recover payment for medical services rendered to a third party. See Dorsey v. Surgical Institute of Mich. LLC , unpublished order of the Court of Appeals, entered May 6, 2020 (Docket No. The trial court entertained oral argument regarding these matters on March 20, 2019, and denied each motion in a series of orders entered June 25, 2019. 538, 546 n. 3, 619 N.W.2d 66 (2000) ; see also Taylor v. Kent Radiology PC , 286 Mich.App. Plaintiff first called Elaine DeBeaudry as an adverse or hostile witness. Plaintiff reported persistent pain after a lumbar fusion performed by Dr. Sabit, but a CT myelogram did not reveal evidence of a lumbar interbody fusion, laminectomy, or placement of an interbody cage at L4-L5. We agree. She did not consider herself an expert in credentialing, but she was knowledgeable about preparing or gathering documentation for credentialing purposes. between Awaisi on behalf of Orthopedic, Melissa El Khoury, and Jiab Suleiman, D.O.). As part of their credentialing process, SIM sent a letter to CMH requesting verification of Dr. Sabit's status there and a summary of any disciplinary actions within the previous five years. "), there is no indication that plaintiff acquired the letter from a source independent of the credentialing file. endobj SIM argued that separate trials would prevent SIM from unnecessarily having to participate in a lengthy medical malpractice trial, there was little overlap between the proofs for each respective claim, and that SIM would be unfairly prejudiced if plaintiff was "permitted to smear and taint the jury's consideration of SIM's credentialing decisions with the post-credentialing misdeeds of Dr. (Young, Barrett) (Entered: 07/19/2022), Docket(#17) CERTIFICATE of Service/Summons Returned Executed. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> Plaintiff's counsel drew Dr. In pertinent part, the rule permits a new trial when a party's substantial rights are materially affected by "[i]rregularity in the proceedings of the court, jury, or prevailing party, or an order of the court or abuse of discretion which denied the moving party a fair trial." ({K@kZc~-8\OJxZtZskGq 3Wt)@#hk[CE h@Wf)W2L/\E][ l{v . View court, arrest, criminal/conviction records, Lawsuits, Liens, Bankruptcies & sex offender status for Jiab Suleiman. at 256, 865 N.W.2d 908. #MyPalaceSource. 4 at 28.] endobj Dr. Sabit's operative report indicates that he performed a posterior lumbar interbody fusion, a laminectomy for decompression of the nerve, and an interbody cage placement, all at the L4-L5 level of plaintiff's spine. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 12>> Check all background information that MyLife has gathered. Plaintiff's complaint also raised numerous claims against SIM, an ambulatory surgery center that claimed to have "the most highly trained and experienced medical professionals." SIM responded that it was a health facility, as set forth in MCL 333.20175(8), and entitled to the protections afforded by statute. A. Jiab Suleiman DO PC has not yet specified accepted insurance plans. Voir dire must be calculated to facilitate that purpose. Feyz v. Mercy Mem. Jiab Suleiman Rakesh Ramakrishnan Attorney/Law Firm Details Plaintiff Attorneys Brad Compston Attorney at King, Tilden, McEttrick & Brink, P.C. Dorsey v. Surgical Institute of Michigan, LLC. SIM called only one defense witness: Dr. Mahmood Hai, one of SIM's founders and the executive director and president of the board of directors. The defendant hospital in Dye objected to the plaintiff's request for a physician's "personnel/privileges file," relying on MCL 333.21515, as well as MCL 333.20175(8). endobj See MCL 333.20101 et seq. People v. Fisher , 449 Mich. 441, 449-450, 537 N.W.2d 577 (1995). Jiab Suleiman, DO in Dearborn, MI 48126 - (313) 261-2060 Plaintiff testified that in February or March 2016, she began seeing neurosurgeon Dr. Jayant Jagannathan, who told her that an MRI did not reflect the procedures Dr. Sabit told her he performed.