This matter arises from a surgery codefendant Dr. endobj Lock said, "Because I told you, I'm doing this as a helpful basis," and it was up to the board of directors to decide whether to grant privileges. 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. 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. People v. Fisher , 449 Mich. 441, 449-450, 537 N.W.2d 577 (1995). Lock's attention to SIM's bylaws regarding summary suspensions, which used the term in a similar manner as Dr. Hyde. (DeNinno, Andrew) (Entered: 06/13/2022), (#14) WAIVER OF SERVICE Returned Executed. Dr. Jiab Suleiman, DO is an orthopedic surgery specialist in Dearborn, MI and has over 25 years of experience in the medical field. 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. Nearly all of the testimony offered during the negligent-credentialing portion of the trial related to the contents of the credentialing file, primarily Dr. Beaghler's letter and SIM's reaction to it. endobj Dr. Sabit was further advised that SIM might request his personal appearance before the medical executive committee to discuss the matter if his written response was deemed insufficient. Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. By October 2012, Dr. Sabit was falsely reporting in his records that plaintiff had a complete resolution of her symptoms. Noel Dorsey tells 7 action news she was betrayed by the same. #MyPalaceSource. The first, presumably original, copy did not have the underlining reflected in the above quotation. Attard v. Citizens Ins. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 17>> Still University, School of Osteopathic Medicine in Arizona Class of 1997 Certifications & Licensure MI State License 1999 - 2024 MCL 333.20104(7). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 8>> Phone: (313) 789-5328. at 168, 804 N.W.2d 754 ("[A] credentialing committee is a peer review committee."). 2:2021cv10985 - Document 63 (E.D. 1963, art. CMH required Dr. Sabit to execute an extensive release before it would disclose any information. 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. See Kelly v. Builders Square, Inc. , 465 Mich. 29, 38, 632 N.W.2d 912 (2001). This appeal followed. Dr. Suleiman submitted a report dated April 24, 2018, which did not provide an impairment rating. endobj Dr. Sabit performed the surgery at SIM on February 8, 2012. Dr. Hai had participated in SIM's credentialing process since it first opened, including the decision to grant Dr. Sabit privileges. But Dr. Hyde's opinion about what Dr. Beaghler would have disclosed upon further inquiry may not necessarily be considered unduly speculative. Juliet James on Twitter: "RT @Mrs_K_Suleiman: #PrinceHarry lawsuit The second copy included the above underlining added by hand. The trial court agreed to give an adverse-inference instruction because the evidence showed that SIM asked Dr. Sabit for a written response, acknowledged receipt of a response, and no response was produced with SIM's records. JiabHSuleimanDO Orthopaedic Surgery Dearborn, MI Physician Office 17000 Executive Plaza Dr Ste 101 Dearborn, MI 48126 Phone+1 313-565-4948 Fax+1 313-565-4989 Is this information wrong? SIM argued that there was no evidence that Dr. Sabit submitted a written response, and SIM's medical director testified that he had no recollection of having seen any such response. SIM explained that plaintiff had previously represented that Dr. Beaghler (the chief of staff at CMH) would be deposed, but Dr. Beaghler had since expressed his intent to invoke a statutory privilege against testifying or providing other evidence regarding the peer-review process at CMH and the events referenced in his letter about Dr. Sabit. (Tilden, Nathan) (Entered: 06/08/2022), Docket(#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. 9 0 obj 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. Reversed and remanded for entry of judgment in favor of SIM. Plaintiff testified that, in reality, she felt no improvement. This Court has held that "there is no different standard of review regarding [a] summary disposition motion, [a] motion for a directed verdict, and [a] JNOV motion" when there is no "genuine and material difference" in the evidence underlying each motion. 23411 John R Rd Ste 1, Hazel Park, MI 48030 (248) 399-8331. Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. Dr. 2:22-CV-12736 | 2022-11-10, U.S. District Courts | Contract | Dr. Jiab H. Suleiman, DO | Dearborn, MI | Orthopedist | US News Doctors Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. See Attard , 237 Mich.App. [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. Jiab Suleiman, Do, P.c. Npi 1598965543 , it could not rely on the confidentiality provision in MCL 333.21515. Allstate Insurance Company et al v. Executive Ambulatory Surgical 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. at 162, 369 N.W.2d 826. <> Allstate Insurance Company et al v Ayman Tarabishy, MC., PLLC et al, Augustine v. Allstate Insurance Company et al, ATLANTIC WELLNESS CENTER INC A/A/O TIMOTHY CROSSON V. ASMI AUTO INSURANCE COMPANY, Executive Ambulatory Surgical Center, LLC et al v. Allstate Insurance Company, Executive Ambulatory Surgical Center, LLC v. State Farm Mutual Automobile Insurance Company, Patriot Disaster Specialist, LLC v. Allstate Property and Casualty Insurance Company, KRAMER, GLENN V ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY V LAMPERT, MIRIAM, RISHDI FAYYAD ASAM VS SYNTHIA IBANEZ AND ALLSTATE FIRE AND CASUALTY INSURANCE COMAPNY, Yvette Lee Schultz, and Jeslyn Kali Gonzalez Minjares VS Drae Frescas and Allstate Fire and Casualty Insurance Company, SMART GLASS CALIBRATIONS LLC DBA ADAS360 AAO MARYvs. 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.". Suleiman diagnosed plaintiff with a labral tear and a bruised or injured AC joint, and Dr. Suleiman performed surgery on plaintiff on December 9, 2014. 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." Lock did not remember Dr. Beaghler's letter, he agreed that he must have read it because he referenced it in a subsequent letter to Dr. Sabit. Dr. Jiab Suleiman, Orthopedic Surgeon in Dearborn | Patient Reviews <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 0>> Plaintiff felt "destroyed" by what she went through. See MCL 333.20101(2) and MCL 333.21501(2). Jiab Suleiman, DO is located at 17000 Executive Plaza Dr STE 101 in Dearborn, Michigan 48126. Id. at 666-667, 584 N.W.2d 747. 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). Dr. Hyde opined that the combination of these disclosures should have prompted SIM to do a very thorough investigation before granting Dr. Sabit privileges. Although plaintiff makes no attempt to dispute SIM's characterization of the letter as hearsay, we are not persuaded by that aspect of SIM's argument. 3-2.] Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022). % at 531-532, 624 N.W.2d 582 (improper admission of police officers testimony about fault for a motor vehicle accident required reversal of judgment). Id. 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). Assuming that a negligent-credentialing theory may be asserted, it falls within the scope of a medical malpractice claim, because it arises from action occurring in the scope of a professional relationship and raises questions of judgment beyond common knowledge and experience. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> at 664, 665-666, 584 N.W.2d 747. (DeNinno, Andrew) (Entered: 06/08/2022), (#5) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Allstate Fire and Casualty Insurance Company identifying Corporate Parent The Allstate Corporation for Allstate Fire and Casualty Insurance Company. The loan's status was . 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. SIM therefore asked Dr. Sabit to respond in writing to address that issue. Albert J. Dib and Barbara H. Goldman for Noel Dorsey. Id. waiver sent on 6/10/2022, answer due 8/9/2022. [Dkt. 2:23-CV-00410 | 2023-02-01, Palm Beach County 15th Judicial Circuit Courts | Contract | MRE 801(c). He had no formal training in healthcare administration. Hazel Park Medical Center. sponsers an employee benefit plan and files Form 5500-SF short form annual return/report. 2023-02-22, Orange County Florida Courts | Small Claim | Plaintiff continued to have persistent pain and was treating with one of Dr. Jagannathan's colleagues, a pain-management specialist. AboutJiab Suleiman, DO. Hecht v. Nat'l Heritage Academies, Inc. , 499 Mich. 586, 604, 886 N.W.2d 135 (2016) (citations omitted). To the contrary, MCL 333.20175(8) applies to materials "collected for or by individuals or committees assigned a professional review function in a health facility or agency ." (Emphasis added.) (DeNinno, Andrew) (Entered: 06/20/2022), Docket(#15) WAIVER OF SERVICE Returned Executed. JHS MANAGEMENT, LLC in Canton, MI | Company Info & Reviews (DeNinno, Andrew) (Entered: 06/08/2022), Docket(#6) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Allstate Property and Casualty Insurance Company identifying Corporate Parent The Allstate Corporation, Corporate Parent The Allstate Corporation for Allstate Property and Casualty Insurance Company. Lock explained that "credentialing packet[s]" were processed and given to the board of directors for decision. PDF United States Court of Appeals for The Sixth Circuit , 291 Mich.App. Other evidence that would support the credentialing expert's opinion included National Practitioner Data Bank reports and California court records, but these sources should be deemed inadmissible because they were not available until after SIM granted Dr. Sabit privileges. 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. & Med. Following a July 19, 2018 hearing, the trial court denied that motion on the basis of plaintiff's proffer of its expert-witness testimony. 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. 5 ], is DENIED AS MOOT. (DeNinno, Andrew) (Entered: 06/08/2022), (#3) NOTICE of Appearance by Brad Compston on behalf of All Plaintiffs. 2:18-CV-14093 | 2018-12-31, U.S. District Courts | Contract | Prior to that, he completed a master's degree in biology at the University of Cincinnati and an undergraduate degree from Ohio State University. MCL 333.1113. Aetna; Humana; Help Improve Healthgrades III. The court then entered a judgment against Dr. Sabit, MBSPG, and SIM, jointly and severally. 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. Full title:NOEL DORSEY, Plaintiff-Appellee, v. SURGICAL INSTITUTE OF MICHIGAN, LLC. 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), Exhibit 12 - New Clear Images, LLC Damages Chart, Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. Doctors sued for allegedly faking surgeries - WXYZ 11 0 obj 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. 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." 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. (DeNinno, Andrew) (Entered: 06/08/2022), (#4) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Allstate Insurance Company identifying Corporate Parent The Allstate Corporation for Allstate Insurance Company. Dorsey v. Surgical Institute of Michigan, LLC - Casetext <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 3>> Biomolecular Integrations, Inc. served on 6/23/2022, answer due 7/14/2022. Nearly a decade later, this Court considered the statutory privilege in the context of a medical malpractice action involving a negligent-credentialing theory. 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. Plaintiff's counsel drew Dr. <> (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. Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022), U.S. District Courts | Other | Voir dire must be calculated to facilitate that purpose. 4 0 obj (Eppel, Theodore) (Entered: 07/19/2022), (#19) NOTICE of Appearance by Debra A. Geroux on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. (DeNinno, Andrew) (Entered: 06/13/2022), A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 27 Apr 2023 20:07:35 1, 14. (DeNinno, Andrew) (Entered: 06/13/2022), (#9) WAIVER OF SERVICE Returned Executed. Jiab H Suleiman, DO: Orthopedic Surgeon Dearborn, MI & Canton, MI ({K@kZc~-8\OJxZtZskGq 3Wt)@#hk[CE h@Wf)W2L/\E][ l{v . 636c and FRCP 73. The magistrate judge recommended the following findings: (1) the ALJ properly evaluated the opinion of orthopedic surgeon Dr. Jiab Suleiman (id., Pg. Sabit and Suleiman would be tried first and, after a verdict was received, the negligent-credentialing claim would be tried before the same jury. 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." Lock was not familiar with the significance of a summary suspension, and he did not ask Dr. Sabit to explain that disclosure. 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. According to SIM's bylaws, the medical director was responsible for making recommendations to the board of directors regarding all applicants for staff privileges. endobj 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. Accordingly, the file was not subject to discovery and should not have been admitted at trial. 144, 157-158, 908 N.W.2d 319 (2017) ; Lewis v. LeGrow , 258 Mich.App. The employer identification number (EIN) for Jiab Suleiman, D.o., P.c. RT @Mrs_K_Suleiman: #PrinceHarry lawsuit against newspaper publisher set for May trial | Reuters DO NOT forget that Charles and William were very keen to find out how Harry's lawsuit was going.because it affects them but how deep does it affect them? 23 0 obj 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. In 2011, Dr. PDF Order Granting in Part, Denying in Part Motion to Strike Reports (Ecf Specialties. Dr. Hai reiterated that SIM looked at all the relevant information at the time of its decision and reasoned that Dr. Sabit simply went "rogue" later. Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. 165, 168, 804 N.W.2d 754 (2010), that "a credentialing committee is a peer review committee" to which a privilege is afforded. 576, 583, 505 N.W.2d 27 (1993). Leslie v. Allen-Bradley Co., Inc. , 203 Mich.App. 1 0 obj 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." The plate he removed could have been used as part of a lumbar interbody fusion, but merely placing the plate without performing the necessary disc work would not suffice. 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." Additionally, Dr. Sabit had received a full license to practice in Michigan in January 2011 and, according to Dr. Hai, "the Licensing Board checks everything out before they give a license." After seeing Dr. Beaghler's letter, the board of directors decided to interview Dr. Sabit in person to determine what happened at CMH.
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