SIM opposed plaintiff's motions, denying that it removed or destroyed anything from the credentialing file before producing it to plaintiff. SIM argues that it is entitled to JNOV because of the improper admission of the credentialing file. <> Insurance Check. SIM therefore asked Dr. Sabit to respond in writing to address that issue. More Info Extra Phones. 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." Plaintiff requests summons issued. Sabit and Suleiman. "), there is no indication that plaintiff acquired the letter from a source independent of the credentialing file. (DeNinno, Andrew) (Entered: 06/27/2022), (#16) CERTIFICATE of Service/Summons Returned Executed. As such, the peer-review privilege in MCL 333.21515 applies to SIM. The CT did, however, show an interspinous plate at L4-L5. Specialties. Plaintiff felt "destroyed" by what she went through. Ctr. Dr. Jagannathan recently performed a third surgery on plaintiff's back earlier in 2018. 576, 583, 505 N.W.2d 27 (1993). (Internal quotation marks supplied.). Co. of America , 237 Mich.App. 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.) The first, presumably original, copy did not have the underlining reflected in the above quotation. Generally, medical malpractice claims require expert testimony regarding the appropriate standard of care and causation. 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. Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. A trial court's denial of a motion for JNOV is reviewed de novo. 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. He graduated from At Still University Health Sciences/Kirksville College Of Osteopathic Medicine in 1997. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> Dr. John Charles Hyde, II, testified as an expert for plaintiff in credentialing and physician privileges. endobj 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.". endobj 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. 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. On this record, there is no indication that plaintiff would have acquired the letter from a different source. 11 0 obj 17 0 obj Plaintiff had been diagnosed with significant major depression and engaged in counseling, coupled with psychotropic medication, for the last year. ", Dr. Hai did not believe that anything in Dr. Beaghler's letter was alarming or justified denying Dr. Sabit's application for privileges. 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). 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 explained that he did not make a recommendation regarding Dr. Sabit and was not involved in the vote regarding his application. [Dkt. See also Teal , 283 Mich.App. Dr. Sabit submitted an application for surgical privileges at SIM on or about April 29, 2011. After seeing Dr. Beaghler's letter, the board of directors decided to interview Dr. Sabit in person to determine what happened at CMH. SIM acknowledged that the trial court had already denied a motion in limine from Dr. Suleiman regarding the same issue, but asked it to revisit the issue because MCL 333.20175(8) provided a statutory privilege protecting credentialing files from use at trial. However, the court found no evidence that SIM intentionally destroyed evidence and therefore denied the motion for sanctions. 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. 485, 498, 566 N.W.2d 671 (1997) (holding that, because the trial court struck the testimony of the plaintiff's two experts regarding her liver disorder, plaintiff was left "with no evidence of causation" and "could not establish a prima facie case" with regard to that disorder; the trial court therefore correctly granted summary disposition to defendants regarding those claims). Dr. Cancellation and Refund Policy, Privacy Policy, and endobj View court, arrest, criminal/conviction records, Lawsuits, Liens, Bankruptcies & sex offender status for Jiab Suleiman. Evidentiary rulings are generally reviewed for an abuse of discretion, Mueller , 323 Mich.App. (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. When a trial court errs with respect to critical evidence, the error cannot be deemed harmless. To resolve the conflict, OWCP referred appellant to Dr. Jiab Suleiman, a Board-certified orthopedic surgeon, for an impartial medical examination. Jiab Suleiman specializes in diagnosis and treatment of orthopedic problems like arthritis, fractures, back pain. (Compston, Brad) (Entered: 06/08/2022), Docket(#2) NOTICE of Appearance by Nathan Tilden on behalf of All Plaintiffs. Allstate removed the action from the Third Judicial Circuit in Wayne County, Michigan, to this Court on . 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). A. Jiab Suleiman, DO in Dearborn, MI 48126 - (313) 261-2060 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. 2:18-CV-14093 | 2018-12-31, U.S. District Courts | Contract | (DeNinno, Andrew) (Entered: 06/13/2022), (#14) WAIVER OF SERVICE Returned Executed. 3-2.] <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 2>> When Dr. Sabit was granted privileges, Dr. Dr. Hyde opined that SIM's decision-makers were "totally uninformed," and if Dr. Sabit had been properly vetted, there would have been no basis to grant him privileges. Dr. Hai testified that there was "absolutely no indication [from Dr. Beaghler] that we needed to pursue anything further." 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. 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. Id. Plaintiff filed this lawsuit in 2016 after learning from another neurosurgeon that the described procedures were not actually performed. Jiab Suleiman, DO, MS, is a board-certified orthopedic surgeon offering his expertise to patients in Canton and Dearborn, Michigan, at Premier Orthopedics. Allstate Insurance Company et al v. Executive Ambulatory Surgical 2:2021cv10985 - Document 63 (E.D. After closing arguments were presented on behalf of plaintiff and Dr. Suleiman, SIM orally moved for separate juries. However, it still made findings regarding plaintiff's damages for purposes of the directed verdict against Dr. Sabit. Jiab H Suleiman, DO: Orthopedic Surgeon Dearborn, MI & Canton, MI But Dr. Hyde's opinion about what Dr. Beaghler would have disclosed upon further inquiry may not necessarily be considered unduly speculative. Damages Chart, Exhibit 10 - Jiab Suleiman D.O., P.C. Nearly a decade later, this Court considered the statutory privilege in the context of a medical malpractice action involving a negligent-credentialing theory. 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. Chase is hereby ordered to provide responsive . 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. endobj 636c and FRCP 73. at 674 n 11, 584 N.W.2d 747 ("[P]lacement of a document within such a file does not protect its discovery if available from another source. The trial court erred by compelling its production and admitting it at trial. 2:22-CV-11826 | 2022-08-08, Volusia County Courts | Other | Dr. Hyde's testimony regarding that matter was therefore improper under MRE 703. 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. endobj 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. CMH responded with a request for Dr. Sabit to sign a comprehensive release permitting disclosure of information. 14 0 obj 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. 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. Albert J. Dib and Barbara H. Goldman for Noel Dorsey. 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. 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. 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." 311, 321, 602 N.W.2d 633 (1999). 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. Rakesh Ramakrishnan, M.D., P.C. About Dr. Suleiman Bio We agree. Dye v. St. John Hosp. 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. The evidence was otherwise insufficient to meet plaintiff's burden of proof regarding the standard of care and proximate cause. at 666-667, 584 N.W.2d 747. Rather, the logical significance of the letter was the effect the disclosures had on SIM's decision to grant Dr. Sabit privileges. B249793), p. 1, 2015 WL 1954590 (alteration in original). 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). Jiab Suleiman, D.o., P.c. at 161, 369 N.W.2d 826. "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." Find information about and book an appointment with Dr. Jiab H Suleiman, DO in Dearborn, MI, Canton, MI. Dr. On November 14, 2018, plaintiff moved for entry of a judgment against SIM, Dr. Sabit, and MBSPG, jointly and severally. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 10>> Damages Chart, #13 Exhibit 12 - New Clear Images, LLC Damages Chart, #14 Exhibit 13 - Biomolecular Integrations, Inc. , 291 Mich.App. 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 judgment includes detailed calculations of each category of damages, interest, setoffs, and present-value reductions, resulting in a total judgment of $1,284.995.78. Jiab intends to offer opinions on the cause of Mason's injury, the medical necessity of the surgery he performed, and the reasonable and customary nature of the charges for the treatment rendered. 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.