The court then entered a judgment against Dr. Sabit, MBSPG, and SIM, jointly and severally. ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named JHS MANAGEMENT, LLC Search All Michigan Companies Allstate removed the action from the Third Judicial Circuit in Wayne County, Michigan, to this Court on . People v. Fisher , 449 Mich. 441, 449-450, 537 N.W.2d 577 (1995). Biomolecular Integrations, Inc. served on 6/23/2022, answer due 7/14/2022. He also talked about hardware that would be placed during the surgery. Freestanding surgical outpatient facility does not include a surgical outpatient facility owned and operated as part of a hospital." Dr. Jiab Suleiman may order tests like X-rays, CT scan, MRI for correct diagnosis. Id. Signed by District Judge George Caram Steeh. If you do not agree with these terms, then do not use our website and/or services. Lock's explanations about various pieces of information that were not appropriately acted upon made it clear that he did not know the credentialing process. (Young, Barrett) (Entered: 07/19/2022), Docket(#17) CERTIFICATE of Service/Summons Returned Executed. Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC, were treated as a single entity throughout these proceedings. ({K@kZc~-8\OJxZtZskGq 3Wt)@#hk[CE h@Wf)W2L/\E][ l{v . Dr. Plaintiffs Executive Ambulatory Surgical Center ("Executive") and Jiab Suleiman, D.O., P.C. We reverse and remand for entry of judgment in favor of SIM. SIM argued that a fair trial on the negligent-credentialing claim was impossible after the jury had been inundated with harsh criticisms of Dr. Sabit and implications that plaintiff had been left abandoned at SIM, unprotected and abused while she slept under anesthesia. Phone: (313) 792-8350. 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. The Court observed that the Public Health Code imposed a duty on the owner, operator, and governing body of a hospital to. Plaintiff's complaint also raised claims against Dr. Jiab Hasan Suleiman and his practice, Jiab Suleiman, D.O., PC, doing business as Premier Orthopedics. Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022). In summary, the trial court improperly ordered the production and admission of SIM's credentialing file. 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. "), there is no indication that plaintiff acquired the letter from a source independent of the credentialing file. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. 2:18-CV-14094 | 2018-12-31, U.S. District Courts | Contract | According to SIM's bylaws, the medical director was responsible for making recommendations to the board of directors regarding all applicants for staff privileges. (Geroux, Debra) (Entered: 07/19/2022), (#18) NOTICE of Appearance by Barrett Young on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. Executive Ambulatory Surgical Center, LLC waiver sent on 6/10/2022, answer due 8/9/2022. 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. 2023-01-31, Palm Beach County 15th Judicial Circuit Courts | Other | As evidence that SIM performed its due diligence, Dr. Hai continued to emphasize that other facilities cleared Dr. Sabit for privileges as well and the state of Michigan granted Dr. Sabit a license. endobj 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. Specialties: Hip and Knee Orthopedic Surgery, Orthopedic Surgery, Shoulder and Elbow Orthopedic Surgery. 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. Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.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. Id. MCR 2.611(A)(1)(a). 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. endobj Executive Ambulatory Surgical Center, LLC et al v. Allstate Fire and Casualty Insurance Company, No. endobj <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 9>> Providers. at 256, 865 N.W.2d 908. The ordeal had taken a toll on plaintiff's marriage, as she struggled with emotional turmoil and could not play much of a role with her family. See Kelly v. Builders Square, Inc. , 465 Mich. 29, 38, 632 N.W.2d 912 (2001). The evidence was otherwise insufficient to meet plaintiff's burden of proof regarding the standard of care and proximate cause. The credentialing process that a freestanding surgical outpatient facility performs to satisfy its duty under MCL 333.20813(c) is a review function described and required by Article 17. 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. This matter arises from a surgery codefendant Dr. endobj Freestanding surgical outpatient facility means a facility, other than the office of a physician, dentist, podiatrist, or other private practice office, offering a surgical procedure and related care that in the opinion of the attending physician can be safely performed without requiring overnight inpatient hospital care. , 200 Mich.App. 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. (DeNinno, Andrew) (Entered: 06/08/2022), Docket(#3) NOTICE of Appearance by Brad Compston on behalf of All Plaintiffs. 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. We therefore conclude that the judgment against SIM must be reversed. Dr. Jagannathan was still hopeful that she would continue to improve. 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. Section 1113 of Article 1 provides, "A heading or title of an article or part of this code shall not be considered as part of this code or be used to construe the code more broadly or narrowly than the text of the code sections would indicate, but shall be considered as inserted for convenience to users of this code." Jiab Suleiman D.O., P.C. DeBeaudry agreed that SIM sent a letter to Dr. Sabit to inquire about some of the issues disclosed by Dr. Beaghler. [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. The magistrate judge recommended the following findings: (1) the ALJ properly evaluated the opinion of orthopedic surgeon Dr. Jiab Suleiman (id., Pg. Jiab H Suleiman, DO: Orthopedic Surgeon Dearborn, MI & Canton, MI Plaintiff first called Elaine DeBeaudry as an adverse or hostile witness. Dr. Jagannathan testified that he first consulted with plaintiff on March 10, 2016. The eight-day jury trial began on October 9, 2018, with the first five days devoted exclusively to the medical malpractice claims against Drs. The trial court ruled that SIM could be held jointly and severally liable if plaintiff obtained a verdict against Dr. Sabit, but only with respect to a malpractice claim. Dr. Hai also opined that if SIM had denied Dr. Sabit's application, it would not have caused his privileges elsewhere to be revoked. We do not retain jurisdiction. Feyz v. Mercy Mem. 22 0 obj Insurance Check. 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. (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. Plaintiff testified that, in reality, she felt no improvement. SIM argues that this was not an appropriate basis for Dr. Hyde's testimony because Dr. Beaghler's letter was part of the inadmissible credentialing file and, even if the credentialing file had been admissible, the statements in Dr. Beaghler's letter were inadmissible hearsay. 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? 5 0 obj Search for your insurance provider. SPINE PHYSICIANS GROUP, PLLC, JIAB HASAN SULEIMAN, and JIAB SULEIMAN, D.O., PC, doing business as PREMIER ORTHOPEDICS, Defendants. CRESCENT HOLDINGS LLC in Northville, MI | Company Info & Reviews 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. The question before this Court is whether the materials gathered by a freestanding surgical outpatient facility in the process of determining whether to grant privileges to an applicant are entitled to either or both statutory privileges. endobj We need not decide the first issue because we concludeeven assuming that a negligent-credentialing theory may be pursued and construing the evidence and all legitimate inferences in the light most favorable to plaintiffthat plaintiff failed to establish the standard of care and proximate causation and that SIM is accordingly entitled to entry of JNOV. A motion for JNOV should be granted when the evidence, viewed in the light most favorable to the nonmovant, fails to establish a claim as a matter of law. Dr. Hai indicated that he reviewed Dr. Sabit's National Practitioner Data Bank report, which was clean in May 2011. MCR 2.511 sets forth the procedures for jury selection, including the process of exercising challenges for cause or peremptorily. Plaintiff claims that "Dr. Beaghler's letter to SIM was admitted by stipulation, in lieu of the attorneys [sic] traveling to California to attempt to depose him." As noted earlier, the parties do not dispute that SIM is a freestanding surgical outpatient facility, and MCL 333.20106(1)(c) includes a freestanding surgical outpatient facility within the definition of a health facility or agency. 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). (Tilden, Nathan) (Entered: 06/08/2022), (#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. 13 0 obj 2:22-CV-11826 | 2022-08-08, Volusia County Courts | Other | The plain language of MCL 333.20175(8) limited the use of those materials to purposes provided in Article 17. Thus, SIM argued, the court should strike plaintiff's credentialing expert because his opinions would be speculative and would not have a basis in record evidence. 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. Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 12>> More Info Extra Phones. Yes, Dr. Jiab H. Suleiman is accepting new patients at this office. 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. Most of Dr. Hyde's testimony was therefore premised on facts that were not properly in evidence. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 5>> Questions Post Question There are no questions yet for this company. Premier Orthopedics 17000 Executive Plaza Dr Ste 101 Dearborn, MI 48126. When the procedures are not followed, "a party need not demonstrate prejudice arising from a claim of defective jury selection, since the requirement would impose an impossible burden." Fax: (313) 565-4989. 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. 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. Plaintiff replied that MCL 333.21515 afforded protection to hospitals only. % The improper admission of his expert opinion without a sufficient factual basis in record evidence affected SIM's substantial rights, and affirming a verdict and judgment premised largely on inadmissible evidence would be inconsistent with substantial justice. Id. 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. 19 0 obj We therefore need not reach the remaining issues that are raised on appeal. As Dr. Hyde noted, the information was certainly available to Dr. Beaghler in May 2011. Dr. Sabit submitted an application for surgical privileges at SIM on or about April 29, 2011. Responding to this type of inquiry, a hospital would generally summarize information without providing a detailed explanation of everything in Dr. Sabit's record. He graduated from At Still University Health Sciences/Kirksville College Of Osteopathic Medicine in 1997. Licenses and Affiliations THE CREDENTIALING FILE WAS ADMITTED IN ERROR. Jiab Suleiman, D.o., P.c. The letter continued, "Specifically, the chief of staff has informed us that you were non-compliant with policies, medical staff bylaws, rules and regulations." PDF Order on Non-party'S Motion to Quash Subpoenas and For a Protective (DeNinno, Andrew) (Entered: 06/13/2022), DocketA United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. The second copy included the above underlining added by hand. 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). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 4>> Even so, Dr. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. Although she did not work at SIM when Dr. Sabit applied, DeBeaudry reviewed his file in connection with this case. Aetna; Humana; Help Improve Healthgrades Dr. Hai testified that there was "absolutely no indication [from Dr. Beaghler] that we needed to pursue anything further." (DeNinno, Andrew) (Entered: 06/20/2022), Docket(#15) WAIVER OF SERVICE Returned Executed. endobj 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."). ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named CRESCENT HOLDINGS LLC Search All Michigan Companies 5 ], is DENIED AS MOOT. <> 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.". Although we conclude that the credentialing file was privileged and should not have been the subject of discovery or admitted into evidence at trial, the fact remains that, in this case, the file was produced under the trial court's order and at least parts of it were made part of the lower court record and were addressed and disclosed in the briefs on appeal. The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. 2023-02-22. 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. Dr. Hyde reasoned that because Dr. Sabit was suspended many months before he applied for privileges at SIM, these matters were well known to CMH in May 2011 and Dr. Beaghler would have disclosed the reason for the suspension if SIM had made further inquiries in response to Dr. Beaghler's letter. at 162, 369 N.W.2d 826. SIM opposed plaintiff's motions, denying that it removed or destroyed anything from the credentialing file before producing it to plaintiff. But even if Dr. Hyde's testimony regarding this matter was not speculative, SIM is correct that the reason for Dr. Sabit's suspension was not a fact in evidence. Jiab Suleiman, DO | Orthopedic Surgeon in Dearborn, MI s -e5-l5h++9 DeBeaudry testified that she no longer worked at SIM but had previously been employed as its facility administrator during the early stages of this litigation. PDF Order Granting in Part, Denying in Part Motion to Strike Reports (Ecf PPP Loan Data Jiab Suleiman, DO, PC, Dearborn, MI - FederalPay AboutJiab Suleiman, DO. View court, arrest, criminal/conviction records, Lawsuits, Liens, Bankruptcies & sex offender status for Jiab Suleiman. (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#9) WAIVER OF SERVICE Returned Executed. 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. endobj Without his testimony, plaintiff could not have established a prima facie case of negligent credentialing. 349759). Hazel Park Medical Center. 17000 Executive Plaza Dr Ste 101, Dearborn, MI 48126-2793. Jiab Suleiman, Do, P.c. Npi 1598965543 23411 John R Rd Ste 1, Hazel Park, MI 48030 (248) 399-8331. Plaintiff continued to have persistent pain and was treating with one of Dr. Jagannathan's colleagues, a pain-management specialist. 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. 2:2021cv10985 - Document 63 (E.D. During the surgery, Dr. Jagannathan was able to confirm that none of the procedures described in Dr. Sabit's operative report had actually been done. Nonetheless, she still struggled to get out of bed every day and her husband took over a majority of household upkeep and child-rearing responsibilities. 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). Jiab Suleiman DO PC has not yet specified accepted insurance plans. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 11>> Before: BOONSTRA, P.J., and CAVANAGH and GADOLA, JJ. Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. 20 0 obj DeBeaudry never saw a written response from Dr. Sabit and was not aware of one existing. See other contact addresses. MCL 333.20106(1)(c) and (f). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 1>> 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. 66, 77, 527 N.W.2d 780 (1994) (concluding that a 911 call was not hearsay when it was offered to show why the police responded to a disturbance). Jiab Suleiman, DO in Dearborn, MI 48126 - (313) 261-2060 (Internal quotation marks supplied.). 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. III. After continued pain, an orthopedic surgeon, Dr. Jiab Suleiman, ordered a magnetic resonance imaging (MRI) test of his shoulder and diagnosed him with a labral tear and a bruised . (NAhm) (Entered: 07/22/2022), (#20) NOTICE of Appearance by Theodore R. Eppel on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. (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. Krusac v. Covenant Med. 2023-01-31, El Paso County District Courts | Personal Injury | Public Records Policy. 9 0 obj 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). DeBeaudry confirmed that she did not have specific experience in healthcare administration, but she did have a general background in management, nursing, and health sciences. endobj She underwent surgery with Dr. Jagannathan on March 24, 2016, and had not been able to return to work since then. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 17>> Jiab Suleiman specializes in diagnosis and treatment of orthopedic problems like arthritis, fractures, back pain. B. at 168, 804 N.W.2d 754 ("[A] credentialing committee is a peer review committee."). The court also indicated that the claims against Drs.
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