Dr. Sabit reported that he previously had staff privileges at CMH, so a reference request was sent there. (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. Jiab Suleiman, DO, MS, is a board-certified orthopedic surgeon offering his expertise to patients in Canton and Dearborn, Michigan, at Premier Orthopedics. endobj Because the disclosures in Dr. Beaghler's letter were not offered to prove the truth of those statements, the disclosures were not inadmissible hearsay. at 667, 673, 584 N.W.2d 747. Had SIM done that, they would have noticed that Dr. Sabit falsely indicated that he had never had medical staff privileges suspended. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Executive Ambulatory Surgical Center, LLC Chart of Patients and Treatment Billed to Allstate, #3 Exhibit 2 - The Surgical Institute of Michigan, LLC Chart of Patients and Treatment Billed to Allstate, #4 Exhibit 3 - Jiab Suleiman D.O., P.C. See Crown Technology v. D&N Bank, FSB , 242 Mich.App. 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. On September 2, 2021, Suleiman faxed a letter to Chase requesting that Chase halt any production of documents pertaining to Suleiman personally or his business account (s), and stating that Suleiman's attorney would be moving to quash the subpoena. The trial court denied plaintiff's motion to admit the opinion as an exhibit. Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. Call Dr. Jiab H Suleiman on phone number (313) 565-4948 for more information and advice or to book an appointment. Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. Dr. Kenneth Lock testified that he was the medical director and chair of the medical executive committee at SIM in 2011. See Dorsey v. Surgical Institute of Mich. LLC , unpublished order of the Court of Appeals, entered May 6, 2020 (Docket No. (DeNinno, Andrew) (Entered: 06/13/2022), (#14) WAIVER OF SERVICE Returned Executed. Aetna; Humana; Help Improve Healthgrades 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 filed several postjudgment motions in which it sought a judgment notwithstanding the verdict (JNOV) or, alternatively, a new trial, arguing that (1) the credentialing file regarding Dr. Sabit was privileged and inadmissible; (2) Michigan does not recognize a negligent-credentialing cause of action; (3) Dr. Hyde's testimony was inadmissible and failed to establish negligence and proximate cause because it lacked a sufficient factual basis in record evidence; (4) SIM was denied a fair trial because the court refused to seat a second jury for the negligent-credentialing claim, SIM was not able to participate in voir dire, and the jury was exposed to inadmissible and prejudicial information about Dr. Sabit; (5) the jury's award of future medical expenses was speculative and excessive; (6) the jury's attempt to award precomplaint interest could not be harmonized with its failure to distinguish between precomplaint and postcomplaint damages; and (7) the adverse-inference jury instruction was unsupported by evidence. SIM therefore asked Dr. Sabit to respond in writing to address that issue. endobj Plaintiff had been diagnosed with significant major depression and engaged in counseling, coupled with psychotropic medication, for the last year. Dr. Damages Chart, Exhibit 10 - Jiab Suleiman D.O., P.C. Nothing in the pertinent language of MCL 333.20175(8) suggests that the privilege does not extend to a freestanding surgical outpatient facility exercising the same credentialing-review function under MCL 333.20813(c) that a hospital performs under MCL 333.21513(c). EMG studies suggested a possibility of permanent nerve damage. (Tilden, Nathan) (Entered: 06/08/2022), Docket(#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. And because SIM was a freestanding surgical outpatient facility licensed under a different section of the Public Health Code, MCL 333.1101 et seq. Insurance Check. With respect to past damages, the jury awarded plaintiff $104,000 for noneconomic damages, $104,000 for medical expenses, and $151,656 for loss of earning capacity. Make your practice more effective and efficient with Casetexts legal research suite. In support of her motion, plaintiff submitted a report from Nitin V. Paranjpe, Ph.D., regarding the foregoing calculations and Dr. Paranjpe's curriculum vitae reflecting his background in economics. 9 0 obj Although evidentiary errors are not ordinarily grounds for reversal, such relief is appropriate when "a substantial right of a party is affected and it affirmatively appears that failure to grant relief is inconsistent with substantial justice." 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. Thus, Dr. Hyde's testimony about the significance of Dr. Beaghler's disclosures and the steps SIM should have taken in response to the letter was not based on facts in evidence, contrary to MRE 703. JHS MANAGEMENT, LLC in Canton, MI | Company Info & Reviews Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022). See Johnson , 291 Mich.App. Dr. Beaghler provided a written response after the release was returned. PDF STATE OF MICHIGAN COURT OF APPEALS - michbar.org Sabit and Suleiman. Jiab Suleiman, DO PC, Canton, MI - Healthgrades (DeNinno, Andrew) (Entered: 06/20/2022), (#15) WAIVER OF SERVICE Returned Executed. Generally, medical malpractice claims require expert testimony regarding the appropriate standard of care and causation. 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. 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. , 475 Mich. 663, 680-681, 719 N.W.2d 1 (2006), citing MCL 333.21515 and MCL 333.20175(8). Dr. Sabit told the board he was suspended because of problems with medical records, which the board considered acceptable. endobj JIAB SULEIMAN Agent 42627 Woodwind Ln Canton, MI 48188 Reviews Write Review There are no reviews yet for this company. MCL 333.20106(1)(c) and (f). The opinion confirmed Dr. Hyde's suspicions about Dr. Beaghler's disclosures and demonstrated that more information was available well before SIM granted Dr. Sabit privileges. Id. CMH responded with a request for Dr. Sabit to sign a comprehensive release permitting disclosure of information. at 571, 918 N.W.2d 545, which occurs when the trial court's ruling falls "outside the range of reasonable and principled outcomes," Hecht , 499 Mich. at 604, 886 N.W.2d 135. (Young, Barrett) (Entered: 07/19/2022), Docket(#17) CERTIFICATE of Service/Summons Returned Executed. 490, 493-494, 513 N.W.2d 179 (1994). 21 0 obj Restaurants & Taverns LLC , 323 Mich.App. Payment method discover, amex, check, all major credit cards Neighborhood Sabit and Suleiman was a necessary element of the negligent-credentialing claim. A trial court's denial of a motion for JNOV is reviewed de novo. Dorsey v. Surgical Institute of Michigan, LLC. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY. Jiab Suleiman Rakesh Ramakrishnan Attorney/Law Firm Details Plaintiff Attorneys Brad Compston Attorney at King, Tilden, McEttrick & Brink, P.C. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 2>> Receipt No: AMIEDC-8940305 - Fee: $ 402. 27 Apr 2023 20:07:35 SIM's second motion in limine asked the court to strike plaintiff's expert in credentialing and physician privileges, Dr. John Charles Hyde, II. PDF COA 349759 NOEL DORSEY V SURGICAL INSTITUTE OF MICHIGAN LLC Opinion endobj This loan's status is reported by the SBA as "Paid in Full", which includes both loans repaid and those fully forgiven from repayment under PPP guidelines. SIM also argues that it was entitled to JNOV because Michigan does not recognize negligent credentialing as a cause of action. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Executive Ambulatory Surgical Center, LLC Chart of Patients and Treatment Billed to Allstate, #3 Exhibit 2 - The Surgical Institute of Michigan, LLC Chart of Patients and Treatment Billed to Allstate, #4 Exhibit 3 - Jiab Suleiman D.O., P.C. Executive Ambulatory Surgical Center, LLC waiver sent on 6/10/2022, answer due 8/9/2022. 195, 223, 755 N.W.2d 686 (2008) (quotation marks and citation omitted). Licenses and Affiliations The trial court opined that a second jury would still be exposed to the same information because it was a necessary component of proximate cause on the negligent-credentialing claim. 1963, art. Prior to that, he completed a master's degree in biology at the University of Cincinnati and an undergraduate degree from Ohio State University. 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. Without the admission of the credentialing file upon which the majority of Dr. Hyde's testimony depended, plaintiff's claim for medical malpractice should not have been submitted to the jury. The evidence was otherwise insufficient to meet plaintiff's burden of proof regarding the standard of care and proximate cause. Plaintiff testified that Dr. Suleiman referred her to Dr. Sabit on January 11, 2012, for severe back pain. Jiab Suleiman, Do, P.c. Npi 1598965543 (Compston, Brad) (Entered: 06/08/2022), (#2) NOTICE of Appearance by Nathan Tilden on behalf of All Plaintiffs. 11 0 obj This appeal followed. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. As Dr. Hyde noted, the information was certainly available to Dr. Beaghler in May 2011. Moreover, in SIM's later letter thanking Dr. Sabit for his "prompt response," there was no indication that the response was provided in writing, and it would not be uncommon for a credentialing committee to meet with an applicant in person to address certain concerns. Before: Boonstra, P.J., and Cavanagh and Gadola, JJ. Dr. Hyde believed the information would be within the scope of the comprehensive release CMH required before its initial disclosure. He also talked about hardware that would be placed during the surgery. 15 0 obj Thus, we reverse and remand for entry of judgment in favor of SIM. Plaintiff was able to function to some extent at home, but she could not drive, rarely left the house, and no longer participated in her children's extracurricular activities or attended church. Defendants, Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC (collectively, SIM ), appeal as of right a judgment entered in plaintiff's favor following a jury trial in this medical malpractice action. 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. 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.". Dr. New Clear Images LLC, Jiab Suleiman, The Surgical Institute of Michigan LLC and Biomolecular Integrations Inc. in the U.S. District Court for the Eastern District of Michigan alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. Facebook gives people the power to share and makes the world more open and connected. Id. SIM's credentialing file regarding Dr. Sabit was protected by a statutory peer-review privilege under MCL 333.20175(8) and MCL 333.21515. Why is this public record being published online? (Compston, Brad) (Entered: 06/08/2022), Docket(#2) NOTICE of Appearance by Nathan Tilden on behalf of All Plaintiffs. Dr. Hai had participated in SIM's credentialing process since it first opened, including the decision to grant Dr. Sabit privileges. Generally, a party that has taken a legal position and prevailed in an earlier proceeding may not assert a contrary position in the same or related litigation. Further, had the trial court not granted plaintiff's motion to compel discovery of the credentialing file and subsequently denied SIM's motion to strike plaintiff's expert testimony, SIM would have been entitled to judgment as a matter of law before trial even began. 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. Id. Dr. John Charles Hyde, II, testified as an expert for plaintiff in credentialing and physician privileges. 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." Instead, the privilege established by MCL 333.21515 extends to "records, data and knowledge collected for or by individuals or committees assigned a review function described in this article ." The article referenced in this provision is Article 17, which governs a wide variety of health facilities or agencies, including freestanding surgical outpatient facilities. Feyz v. Mercy Mem. 23411 John R Rd Ste 1, Hazel Park, MI 48030 (248) 399-8331. We will check for: Allstate Insurance Company et al v. Executive Ambulatory Surgical Dr. Jiab Suleiman may order tests like X-rays, CT scan, MRI for correct diagnosis. Jiab Suleiman, DO, PC in Dearborn, MI received a Paycheck Protection Loan of $168,200 through Citizens Bank, National Association, which was approved in April, 2020. Article 17 of the Public Health Code generally governs licensing and regulation of health facilities and agencies. Dr. Hai summarized: "[Dr. Sabit] had been practicing for 7, 8 years. Voir dire must be calculated to facilitate that purpose. Dr. Additionally, SIM should have assessed Dr. Sabit's application to see if he truthfully disclosed the same issues. To the contrary, SIM raised numerous objections regarding Dr. Beaghler's absence and the hearsay contents of his letter at trial. Dr. Sabit was suspended on December 3, 2010, so the information was part of his record with CMH at the time SIM was considering his application for privileges. 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. endobj The jury determined that SIM negligently credentialed Dr. Sabit and that the negligent credentialing was a proximate cause of plaintiff's injuries. From his response and the rest of the credentialing file, the board of directors saw no reason to follow up with Dr. Beaghler. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. (DeNinno, Andrew) (Entered: 06/13/2022), Exhibit 12 - New Clear Images, LLC Damages Chart, Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C.
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