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." endobj On cross-examination, Dr. Hyde testified that Dr. Beaghler did not provide all the relevant information, even though the release CMH requested permitted him to do so. Id. Dr. Hyde was the only expert witness to testify about the standard of care and proximate cause at issue in the negligent-credentialing portion of the trial. He graduated from At Still University Health Sciences/Kirksville College Of Osteopathic Medicine in 1997. Chart of Patients and Treatment Bill, Exhibit 3 - Jiab Suleiman D.O., P.C. Check all background information that MyLife has gathered. Comm. <>stream Dr. Jiab Suleiman may order tests like X-rays, CT scan, MRI for correct diagnosis. The first, presumably original, copy did not have the underlining reflected in the above quotation. Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022). SIM responded that the credentialing file was privileged and protected from disclosure under MCL 333.21515. Before: BOONSTRA, P.J., and CAVANAGH and GADOLA, JJ. CONCLUSION. Moreover, while Dr. Beaghler demonstrated reluctance to participate in this litigation, any inquiries SIM made in 2011 would have been as part of the credentialing process. 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. Dr. Hyde believed the information would be within the scope of the comprehensive release CMH required before its initial disclosure. Lock did not recall ever seeing Dr. Sabit's response. Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 6>> See other contact addresses. After conducting an internal investigation of a staff physician following the death of a patient, the defendant hospital suspended the physician's privileges for six months. endobj Rather, the logical significance of the letter was the effect the disclosures had on SIM's decision to grant Dr. Sabit privileges. endobj We therefore need not reach the remaining issues that are raised on appeal. Plaintiffs Executive Ambulatory Surgical Center ("Executive") and Jiab Suleiman, D.O., P.C. 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." She did not consider herself an expert in credentialing, but she was knowledgeable about preparing or gathering documentation for credentialing purposes. 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. When asked why he did not inquire about issues other than the purported rule violations, Dr. He received his Medical degree from Kirksville College of Medicine in Missouri. When SIM attempted to renew its argument about the prejudice arising from defending the negligent-credentialing claim after the jury were to find Dr. Sabit professionally negligent, the trial court said, "And the answer to am I going to hold two separate trials with two separate Juries is a resounding no I am not." <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 18>> When Dr. Sabit was granted privileges, Dr. waiver sent on 6/10/2022, answer due 8/9/2022. At any rate, CMH provided enough information to prompt a reasonably intelligent and prudent administrator to follow up. Dr. Hyde explained that he came across an opinion from Dr. Sabit's lawsuit against CMH, which stated that Dr. Sabit was suspended "to protect the life or wellbeing of patients and to reduce imminent danger to the life, health or safety of any person." About JIAB SULEIMAN, DO, P.C. 20 0 obj 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. (DeNinno, Andrew) (Entered: 06/20/2022), (#15) WAIVER OF SERVICE Returned Executed. Lock explained that he did not make a recommendation regarding Dr. Sabit and was not involved in the vote regarding his application. Dr. Jiab H. Suleiman is an orthopedist in Dearborn, Michigan and is affiliated with multiple hospitals in the area, including Beaumont Hospital-Wayne and DMC Harper University Hospital. Neither Dr. Sabit nor MBSPG filed timely answers, and defaults were entered against both defendants on March 17, 2017which are not at issue in this appeal. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DAll) (Entered: 06/09/2022), (#8) SUMMONS Issued for *Biomolecular Integrations, Inc., Executive Ambulatory Surgical Center, LLC, Jiab Suleiman D.O., P.C., New Clear Images, LLC, Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan, Jiab Suleiman, The Surgical Institute of Michigan, LLC * (DAll) (Entered: 06/09/2022), (#7) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by ASMI Auto Insurance Company identifying Corporate Parent The Allstate Corporation for ASMI Auto Insurance Company. As our Supreme Court has observed, one of the measures enacted by the Legislature to promote candid assessment in peer-review proceedings is the statutory privilege that shields the "records, data, and knowledge collected for or by peer review entities" from discovery. With respect to summary suspensions, Dr. 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." 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. Receipt No: AMIEDC-8940305 - Fee: $ 402. endobj 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. 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. Dr. Hyde opined that the combination of these disclosures should have prompted SIM to do a very thorough investigation before granting Dr. Sabit privileges. EIN for organizations is sometimes also referred to as taxpayer identification number or TIN. But Dr. Hyde's opinion about what Dr. Beaghler would have disclosed upon further inquiry may not necessarily be considered unduly speculative. A $25 million lawsuit has been filed against two doctors and a surgery center in Westland for allegedly performing fake surgeries. at 395, 772 N.W.2d 57 ("[T]here must be facts in evidence to support the opinion testimony of an expert.") <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 12>> Jiab Suleiman, M.S., D.O., is a US trained board-certified orthopedic surgeon. Responding to this type of inquiry, a hospital would generally summarize information without providing a detailed explanation of everything in Dr. Sabit's record. A trial court's denial of a motion for JNOV is reviewed de novo. 490, 510, 780 N.W.2d 900 (2009) (noting that "i[f] defendants felt that plaintiffs did not have the evidence to support their burden of proof for a traditional medical malpractice claim, defendants should have moved for summary disposition , directed verdict , or JNOV on the basis that plaintiffs evidence was insufficient to prove by a preponderance that Bixler's malpractice caused Taylor's injuries") (emphasis added). (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. (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. 23 0 obj Jiab Suleiman, DO can be contacted via phone at (313) 261-2060 for pricing, hours and directions. SIM argues that it is entitled to JNOV because of the improper admission of the credentialing file. 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. He had no formal training in healthcare administration. 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. Unambiguous statutory language must be enforced as written and no judicial construction is required or permitted. endobj To resolve the conflict, OWCP referred appellant to Dr. Jiab Suleiman, a Board-certified orthopedic surgeon, for an impartial medical examination. 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. ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named CRESCENT HOLDINGS LLC Search All Michigan Companies Jiab Suleiman specializes in diagnosis and treatment of orthopedic problems like arthritis, fractures, back pain. Full title:NOEL DORSEY, Plaintiff-Appellee, v. SURGICAL INSTITUTE OF MICHIGAN, LLC. According to Dr. Hyde, several of Dr. Beaghler's disclosures were very alarming and required further scrutiny, including that (1) Dr. Sabit was on provisional status at the time of his resignation; (2) Dr. Sabit did not always comply with medical staff bylaws, rules, regulations, and other policies; (3) action was taken against Dr. Sabit's clinical privileges in the form of a brief summary suspension which generally occurs when there are patient-safety concerns; (4) after Dr. Sabit resigned, his practice was the subject of a focus review which generally means the hospital had concerns for patient safety; and (5) ongoing professional practice evaluations revealed several concerns regarding Dr. Sabit. Nonetheless, as explained above, the credentialing file was inadmissible. Id. 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. 661, 663-664, 584 N.W.2d 747 (1998). 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. Jiab Suleiman, DO PC is a medical group practice located in Canton, MI that specializes in Internal Medicine. 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). Lock believed that his responsibilities as medical director were limited to making sure the board of directors had information to make its own decisions. Noel DORSEY, Plaintiff-Appellee, v. SURGICAL INSTITUTE OF MICHIGAN, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC, Defendant-Appellants, and Aria Omar Sabit, Michigan Brain & Spine Physicians Group, PLLC, Jiab Hasan Suleiman, and Jiab Suleiman, D.O., PC, doing business as Premier Orthopedics, Defendants. About Dr. Suleiman Bio The employer identification number (EIN) for Jiab Suleiman, D.o., P.c. By 2015, she forced herself to return to work for financial reasons and found flexible employment that allowed her to make $25,500 that year. 1962 (c) and (d), common-law fraud, civil conspiracy, payment under mistake Damages Chart, Exhibit 10 - Jiab Suleiman D.O., P.C. Evidentiary rulings are generally reviewed for an abuse of discretion, Mueller , 323 Mich.App. With respect to future damages, the jury also awarded plaintiff $5,000 per year from 2018 to 2055 for noneconomic damages, $18,000 per year from 2018 to 2055 for medical expenses, and $40,000 per year from 2018 to 2039 for loss of earning capacity. We reverse and remand for entry of judgment in favor of SIM. (DeNinno, Andrew) (Entered: 06/27/2022), (#16) CERTIFICATE of Service/Summons Returned Executed. Thus, we reverse and remand for entry of judgment in favor of SIM. Id. 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. Dr. Jagannathan also explained that when a nerve has been pinched for four or five years without proper treatment, the chances of improvement are much lower. Racketeer Influenced & Corrupt Organizations Act (RICO) - 18 USC 1961-1968, Allstate Insurance Company et al v. Executive Ambulatory Surgical Center, LLC et al, (#13) WAIVER OF SERVICE Returned Executed. Plaintiff had been diagnosed with significant major depression and engaged in counseling, coupled with psychotropic medication, for the last year. In fact, her continuing back pain left her unable to work throughout most of 2011 through 2014. Dr. endobj If you do not agree with these terms, then do not use our website and/or services. 9 0 obj (Geroux, Debra) (Entered: 07/19/2022), Docket(#18) NOTICE of Appearance by Barrett Young on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. 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. Questions Post Question There are no questions yet for this company. Jiab Suleiman, DO, MS, is a board-certified orthopedic surgeon offering his expertise to patients in Canton and Dearborn, Michigan, at Premier Orthopedics. SIM first argues that its credentialing file regarding Dr. Sabit was privileged under both MCL 333.20175(8) and MCL 333.21515 ; thus, it should not have been produced and then admitted as evidence at trial. However, it still made findings regarding plaintiff's damages for purposes of the directed verdict against Dr. Sabit. The jury found that Dr. Suleiman was not professionally negligent, and a no-cause judgment was entered in favor of Dr. Suleiman and his practicewhich is not at issue in this appeal. Id. She underwent surgery with Dr. Jagannathan on March 24, 2016, and had not been able to return to work since then. 2023-02-22. Leslie v. Allen-Bradley Co., Inc. , 203 Mich.App. Lock explained that "credentialing packet[s]" were processed and given to the board of directors for decision. Dr. Hyde noted that CMH did not know what Dr. Sabit had already disclosed and would have assumed Dr. Sabit was forthcoming. In the first, SIM moved for separate trials with respect to the negligent-credentialing claim against it and the medical malpractice claims against Drs. In their supplemental briefing, plaintiff argued that the trial court was obligated to ascertain and implement the jury's intent, which was to add 12% precomplaint interest to the amounts awarded for past damages, while SIM argued that it was impossible to harmonize the jury's attempt to award precomplaint interest with its failure to designate which portion of past damages were attributed to the precomplaint time frame. See Bryant v. Oakpointe Villa Nursing Centre, Inc. , 471 Mich. 411, 422, 684 N.W.2d 864 (2004) (discussing characteristics that distinguish medical malpractice from general negligence). Voir dire must be calculated to facilitate that purpose. (DeNinno, Andrew) (Entered: 06/27/2022), Docket(#16) CERTIFICATE of Service/Summons 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. 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. ({K@kZc~-8\OJxZtZskGq 3Wt)@#hk[CE h@Wf)W2L/\E][ l{v . (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#13) WAIVER OF SERVICE Returned Executed. 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. Dr. Sabit reported that he previously had staff privileges at CMH, so a reference request was sent there. 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.) ("Suleiman PC"), filed this action against Allstate Fire and Casualty Insurance Co. to recover payment for medical services rendered to a third party. EMG studies suggested a possibility of permanent nerve damage. Executive Ambulatory Surgical Center, LLC et al v. Allstate Fire and Casualty Insurance Company, No. 4 0 obj waiver sent on 6/10/2022, answer due 8/9/2022. Still University, School of Osteopathic Medicine in Arizona Class of 1997 Certifications & Licensure MI State License 1999 - 2024 (DeNinno, Andrew) (Entered: 06/13/2022), (#9) WAIVER OF SERVICE Returned Executed. That evidence should have been excluded. Questions Post Question There are no questions yet for this company. Accordingly, the file was not subject to discovery and should not have been admitted at trial. 22 0 obj (DeNinno, Andrew) (Entered: 06/20/2022), Docket(#15) WAIVER OF SERVICE Returned Executed. THE CREDENTIALING FILE WAS ADMITTED IN ERROR. 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. 349759). Nearly a decade later, this Court considered the statutory privilege in the context of a medical malpractice action involving a negligent-credentialing theory. Dr. Jagannathan recently performed a third surgery on plaintiff's back earlier in 2018. 13 0 obj 2023-02-22, Orange County Florida Courts | Small Claim | We do not retain jurisdiction. As noted earlier, the jury determined that Dr. Suleiman was not professionally negligent. After seeing Dr. Beaghler's letter, the board of directors decided to interview Dr. Sabit in person to determine what happened at CMH. Dr. JI 6.01, and sanction SIM for intentional spoliation of evidence. at 255-256, 865 N.W.2d 908. Under the circumstances, we will therefore discuss aspects of the credentialing file in this opinion. "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." See Feyz , 475 Mich. at 681, 719 N.W.2d 1, citing MCL 331.531. 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. Chart of Patients and Treatment Billed to Allstate, #8 Exhibit 7 - Mail and Wire Fraud Chart, #9 Exhibit 8 - Executive Ambulatory Surgical Center, LLC Damages Chart, #10 Exhibit 9 - The Surgical Institute of Michigan, LLC Damages Chart, #11 Exhibit 10 - Jiab Suleiman D.O., P.C.
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