In a memorandum dated May 10, 2018, OWCP noted that it would obtain a new impartial (DeNinno, Andrew) (Entered: 06/13/2022), Exhibit 12 - New Clear Images, LLC Damages Chart, Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. (Young, Barrett) (Entered: 07/19/2022), (#17) CERTIFICATE of Service/Summons Returned Executed. 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. 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. According to Sabit , the written notice of Dr. Sabit's suspension also "referred to two instances where Sabit allegedly did not render appropriate medical care to patients." He received his Medical degree from Kirksville College of Medicine in Missouri. 24 0 obj Plaintiff filed this lawsuit in 2016 after learning from another neurosurgeon that the described procedures were not actually performed. Krusac v. Covenant Med. Plaintiff followed up with Dr. Sabit, and his office notes indicated that she had an excellent result and felt great. Id. , 200 Mich.App. 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. Ctr., Inc. , 497 Mich. 251, 255, 865 N.W.2d 908 (2015). Had SIM done that, they would have noticed that Dr. Sabit falsely indicated that he had never had medical staff privileges suspended. 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. Make your practice more effective and efficient with Casetexts legal research suite. 2:22-CV-12736 | 2022-11-10, U.S. District Courts | Contract | at 666-667, 584 N.W.2d 747. Per Curiam. (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. Lock was not familiar with the significance of a summary suspension, and he did not ask Dr. Sabit to explain that disclosure. Chart of Patients and Treatment Billed to Allstate, #6 Exhibit 5 - New Clear Images, LLC Chart of Patients and Treatment Billed to Allstate, #7 Exhibit 6 - Biomolecular Integrations, Inc. Damages Chart, Exhibit 9 - The Surgical Institute of Michigan, LLC Damages Chart, Exhibit 6 - Biomolecular Integrations, Inc. PDF United States Department of Labor Employees Compensation Appeals - DOL SIM argued that separate trials would prevent SIM from unnecessarily having to participate in a lengthy medical malpractice trial, there was little overlap between the proofs for each respective claim, and that SIM would be unfairly prejudiced if plaintiff was "permitted to smear and taint the jury's consideration of SIM's credentialing decisions with the post-credentialing misdeeds of Dr. 576, 583, 505 N.W.2d 27 (1993). CMH responded with a request for Dr. Sabit to sign a comprehensive release permitting disclosure of information. (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. at 664, 665-666, 584 N.W.2d 747. The trial court denied SIM's motion, but declared that only evidence that was or should have been available at the time of SIM's credentialing decision could be admitted at trial. 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. 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. PDF Order Granting in Part, Denying in Part Motion to Strike Reports (Ecf SIM argued that the jury's "+12%" notation should be ignored because it was specifically instructed to include any applicable precomplaint interest in the amount awarded. 1. Executive Ambulatory Surgical Center, LLC waiver sent on 6/10/2022, answer due 8/9/2022. Restaurants & Taverns LLC , 323 Mich.App. You can find contact information like phone number, practice website, office address and reviews for Dr. Jiab Suleiman on HealthSoul. A "health facility or agency" is a broad term encompassing several types of entities, including freestanding surgical outpatient facilities and hospitals. Jiab Suleiman is on Facebook. sponsers an employee benefit plan and files Form 5500-SF short form annual return/report. PPP Loan Data Jiab Suleiman, DO, PC, Dearborn, MI - FederalPay 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. Finally, one place to get all the court documents we need. Given the Legislature's express warning against relying on a heading or title to alter the plain meaning of the statutory language in the Public Health Code, the mere fact that MCL 333.21515 falls within a part with the heading "HOSPITALS," should not be unduly persuasive. Receipt No: AMIEDC-8940305 - Fee: $ 402. 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. Dr. Jiab Suleiman, Orthopedic Surgeon in Dearborn | Patient Reviews Dr. Plaintiff's complaint also raised claims against Dr. Jiab Hasan Suleiman and his practice, Jiab Suleiman, D.O., PC, doing business as Premier Orthopedics. "This Court reviews for an abuse of discretion a trial court's ultimate decision whether to grant a new trial, but considers de novo any questions of law that arise." Dr. Hai summarized: "[Dr. Sabit] had been practicing for 7, 8 years. 5 ], is DENIED AS MOOT. The letter continued, "Specifically, the chief of staff has informed us that you were non-compliant with policies, medical staff bylaws, rules and regulations." 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. We have found at least 1 Lawsuit, Lien, or Bankruptcy We have found at least 1 Court Record. 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. In the application, Dr. Sabit indicated that he had privileges at Community Memorial Hospital (CMH) in Ventura, California, from 2009 to 2011 and had current privileges at Doctor's Hospital in Pontiac, Michigan. THE CREDENTIALING FILE WAS ADMITTED IN ERROR. 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." <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 16>> 636c and FRCP 73. Lock wrote a letter that thanked Dr. Sabit for his response. People v. Fisher , 449 Mich. 441, 449-450, 537 N.W.2d 577 (1995). In the spring of 2018, Dr. Jagannathan operated on plaintiff again to decompress the area adjacent to the fusion level. Questions Post Question There are no questions yet for this company. Plaintiff moved for a directed verdict against Dr. Sabit, arguing that there had been no defense proffered on his behalf, leaving only plaintiff's uncontroverted evidence regarding his violations of the standard of care and proximate causation. , 291 Mich.App. He graduated from At Still University Health Sciences/Kirksville College Of Osteopathic Medicine in 1997. It also referenced two specific instances in which Dr. Sabit did not render appropriate medical care. The magistrate judge recommended the following findings: (1) the ALJ properly evaluated the opinion of orthopedic surgeon Dr. Jiab Suleiman (id., Pg. Full title:NOEL DORSEY, Plaintiff-Appellee, v. SURGICAL INSTITUTE OF MICHIGAN, LLC. See Crown Technology v. D&N Bank, FSB , 242 Mich.App. JIAB SULEIMAN Agent 42627 Woodwind Ln Canton, MI 48188 Reviews Write Review There are no reviews yet for this company. (quotation marks and citation omitted; alteration in original). The first, presumably original, copy did not have the underlining reflected in the above quotation. He works in Dearborn, MI and 11 other locations and specializes in Orthopedic Surgery. Co. of America , 237 Mich.App. We do not retain jurisdiction. 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. (Internal quotation marks supplied.). (DeNinno, Andrew) (Entered: 06/20/2022), Docket(#15) WAIVER OF SERVICE Returned Executed. SIM's credentialing file regarding Dr. Sabit was protected by a statutory peer-review privilege under MCL 333.20175(8) and MCL 333.21515. Leslie v. Allen-Bradley Co., Inc. , 203 Mich.App. Dr. Jiab Suleiman, DO - Healthgrades Aria Omar Sabit performed on plaintiff, Noel Dorsey, at SIM on February 8, 2012. In short, he Chart of Patients and Treatment Billed to Allstate, #6 Exhibit 5 - New Clear Images, LLC Chart of Patients and Treatment Billed to Allstate, #7 Exhibit 6 - Biomolecular Integrations, Inc. Plaintiff believed her recovery from the March 24, 2016 surgery progressed as expected. Jiab Suleiman, DO PC, Canton, MI - Healthgrades Jiab Suleiman DO PC - Dearborn, MI 48126 - Yellow Pages As Dr. Hyde noted, the information was certainly available to Dr. Beaghler in May 2011. Although there were several entries regarding Dr. Sabit, none of them were recorded before SIM granted Dr. Sabit privileges. 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. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. Dr. Hyde agreed that Dr. Sabit's National Practitioner Data Bank report was negative in May 2011 and that there were no lawsuits against Dr. Sabit pending in Ventura County at that time. Dr. Jiab H. Suleiman, DO | Dearborn, MI | Orthopedist | US News Doctors <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 17>> <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 13>> 2 ], is therefore DEN IED. 16 0 obj He states that he formed his opinions after 2 Discussed below is Jiab Suleiman's qualification to testify as an expert. (Compston, Brad) (Entered: 06/08/2022), (#2) NOTICE of Appearance by Nathan Tilden on behalf of All Plaintiffs. (Geroux, Debra) (Entered: 07/19/2022), (#18) NOTICE of Appearance by Barrett Young on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. endobj New Clear Images, LLC, Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan, Jiab Suleiman, The Surgical Institute of Michigan, LLC * (DAll) June 9, 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. endobj (Tilden, Nathan) (Entered: 06/08/2022), Docket(#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. endobj Phone: (313) 789-5328. But there is no evidence of any such stipulation in the record. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 0>> Dr. Suleiman | Suleiman Orthopedics Id. SIM objected on several grounds, including its assertion that the amounts awarded by the jury for past damages included interest within the stated figures. 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. 2023-02-22, Orange County Florida Courts | Small Claim | Mich. 2022) case opinion from the Eastern District of Michigan US Federal District Court But Dr. Hyde's opinion about what Dr. Beaghler would have disclosed upon further inquiry may not necessarily be considered unduly speculative. Jiab Suleiman, D.o., P.c. However, it still made findings regarding plaintiff's damages for purposes of the directed verdict against Dr. Sabit. endobj Woodard v. Custer , 473 Mich. 1, 6, 702 N.W.2d 522 (2005) ; Teal v. Prasad , 283 Mich.App. Hazel Park Medical Center. Dr. Hai testified that there was "absolutely no indication [from Dr. Beaghler] that we needed to pursue anything further." 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. In Attorney General v. Bruce , 422 Mich. 157, 369 N.W.2d 826 (1985), our Supreme Court considered whether records from a hospital's peer-review committee could be compelled pursuant to an investigative subpoena. SIM therefore argues that JNOV is warranted because, without the credentialing file, there was insufficient evidence to create a jury question. The court agreed that the "+12%" interest notation could be interpreted in more than one way and asked the parties for additional briefing regarding potential conflicts between jury instructions and a verdict form. 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. Damages Chart, #13 Exhibit 12 - New Clear Images, LLC Damages Chart, #14 Exhibit 13 - Biomolecular Integrations, Inc. (313) 565-4989. Jiab Suleiman specializes in diagnosis and treatment of orthopedic problems like arthritis, fractures, back pain. Rakesh Ramakrishnan, M.D., P.C. 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). The employer identification number (EIN) for Jiab Suleiman, D.o., P.c. JIAB SULEIMAN Agent 42627 Woodwind Lane Canton, MI 48188 Reviews Write Review There are no reviews yet for this company. (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#9) WAIVER OF SERVICE Returned Executed. 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. Rakesh Ramakrishnan, M.D., P.C. 13 0 obj 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 Suleiman, DO, Orthopedic Surgery Specialist - Sharecare We therefore conclude that the judgment against SIM must be reversed. 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). Sabit and Suleiman was a necessary element of the negligent-credentialing claim. 2 0 obj 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. Biomolecular Integrations, Inc. served on 6/23/2022, answer due 7/14/2022. 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). 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. (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#14) WAIVER OF SERVICE Returned Executed. Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. ("Suleiman PC"), filed this action against Allstate Fire and Casualty Insurance Co. to recover payment for medical services rendered to a third party. 144, 157-158, 908 N.W.2d 319 (2017) ; Lewis v. LeGrow , 258 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. 350 Granite Street, Suite 2204 Braintree, MA 02184 Andrew H. DeNinno <> 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. Signed by District Judge George Caram Steeh. Join Facebook to connect with Jiab Suleiman and others you may know. endobj Yet there was no evidence that anyone at SIM reached out to Dr. Beaghler or anyone else at CMH again. (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: 06/08/2022), 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. SIM argues that it is entitled to JNOV because of the improper admission of the credentialing file. Fax: (313) 565-4989. Phone: (313) 792-8350. The trial court denied plaintiff's motion to admit the opinion as an exhibit. That evidence should have been excluded. 2:23-CV-00410 | 2023-02-01, Palm Beach County 15th Judicial Circuit Courts | Contract | See Mich. Gas Utilities v. Pub. This matter arises from a surgery codefendant Dr. Although it was possible that the allegations were not credible, SIM needed to follow up with CMH. See Mitchell v. Kalamazoo Anesthesiology, PC , 321 Mich.App. See also Westland v. Okopski , 208 Mich.App. endobj 23411 John R Rd Ste 1, Hazel Park, MI 48030 (248) 399-8331. Id. 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. See Dorsey v. Surgical Institute of Mich. LLC , unpublished order of the Court of Appeals, entered May 6, 2020 (Docket No. PLAINTIFF DID NOT ESTABLISH A PRIMA FACIE CASE FOR NEGLIGENT CREDENTIALING BASED ON ADMISSIBLE EVIDENCE. 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. Due to this perceived financial relationship between the Judgement Debtors and Suleiman, Allstate subpoenaed Suleiman's financial records from JPMorgan Chase Bank ("Chase") pursuant to Federal Rules of Civil Procedure 45 and 69 on August 12, 2021. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 9>> Jiab Suleiman D.O., P.C. More Info Extra Phones. 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." 5 0 obj 6 0 obj Hecht v. Nat'l Heritage Academies, Inc. , 499 Mich. 586, 604, 886 N.W.2d 135 (2016) (citations omitted). at 395, 772 N.W.2d 57 ("[T]here must be facts in evidence to support the opinion testimony of an expert.") The plain language of MCL 333.20175(8) limited the use of those materials to purposes provided in Article 17. Plaintiff replied that MCL 333.21515 afforded protection to hospitals only. In fact, her continuing back pain left her unable to work throughout most of 2011 through 2014. waiver sent on 6/10/2022, answer due 8/9/2022. to Respond to Complain by 9/09/2022. But even if SIM's credentialing file regarding Dr. Sabit was not protected by MCL 333.21515, it was clearly privileged under MCL 333.20175(8). Allstate Insurance Company et al v. Executive Ambulatory Surgical As such, the peer-review privilege in MCL 333.21515 applies to SIM. STANDARD OF REVIEW AND GENERAL PRINCIPLES. Id. 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. 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. 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." Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. Lock did not know if he underlined the criticisms in Dr. Beaghler's letter, but explained, "[H]ad I seen a letter like that I would immediately bring it to the Board's attention so that they could deal with it ." Although Dr. "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." On the whole, we conclude that despite the placement of MCL 333.21515 in Part 215 alongside other provisions applicable to hospitals, the Legislature's reference to the review functions described in Article 17, as opposed to Part 215, evidences its intent to extend the statutory privilege for peer-review materials to all health facilities and agencies with review functions imposed by Article 17. 17 0 obj The trial court agreed and granted a directed verdict with respect to the standard of care, breach of the standard of care, and causation. endobj 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.

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