(DeNinno, Andrew) (Entered: 06/20/2022), Docket(#15) WAIVER OF SERVICE Returned Executed. About Dr. Suleiman Bio The first, presumably original, copy did not have the underlining reflected in the above quotation. When Dr. Sabit was granted privileges, Dr. Dr. Beaghler reported that Dr. Sabit did not follow hospital rules, regulations, or bylaws; his privileges had been suspended; his practice had come under a focus review; and ongoing evaluations of his professional practices disclosed several concerns. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 3>> Public Records Policy. Additionally, SIM should have assessed Dr. Sabit's application to see if he truthfully disclosed the same issues. Id. at 256, 865 N.W.2d 908. Id. (Tilden, Nathan) (Entered: 06/08/2022), (#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Allstate Insurance Company et al v. Executive Ambulatory Surgical 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. is 010719076. Following a July 19, 2018 hearing, the trial court denied that motion on the basis of plaintiff's proffer of its expert-witness testimony. endobj 350 Granite Street, Suite 2204 Braintree, MA 02184 Andrew H. DeNinno The magistrate judge recommended the following findings: (1) the ALJ properly evaluated the opinion of orthopedic surgeon Dr. Jiab Suleiman (id., Pg. Juliet James on Twitter: "RT @Mrs_K_Suleiman: #PrinceHarry lawsuit 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. (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#14) WAIVER OF SERVICE Returned Executed. See Johnson , 291 Mich.App. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. SIM objected to Dr. Hyde's testimony regarding this subject on hearsay, foundation, and relevancy grounds, but the trial court overruled the objections. PDF Order Granting in Part, Denying in Part Motion to Strike Reports (Ecf SIM responded that it was a health facility, as set forth in MCL 333.20175(8), and entitled to the protections afforded by statute. , 291 Mich.App. Lock said, "I'm not sure I understand what summary suspension means." The trial court denied plaintiff's motion to admit the opinion as an exhibit. We will check for: He cleaned . Receipt No: AMIEDC-8940305 - Fee: $ 402. 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. THE CREDENTIALING FILE WAS ADMITTED IN ERROR. See also Teal , 283 Mich.App. During his investigation of this case, Dr. Hyde discovered why CMH suspended Dr. Sabit. . 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. at 664, 665-666, 584 N.W.2d 747. SIM also cited MCL 333.21515 and MCL 333.20175 in its written objections to plaintiff's request for production relating to personnel files, as well as a motion for protective order. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 2>> Join Facebook to connect with Jiab Suleiman and others you may know. 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. SIM argues that it is entitled to JNOV because of the improper admission of the credentialing file. He received his Medical degree from Kirksville College of Medicine in Missouri. He. SIM further argues that if a negligent-credentialing cause of action exists, it sounds in medical malpractice and Dr. Hyde's testimony could not establish the standard of care and proximate causation; rather, his testimony was speculative, unreliable, and inadmissible because it lacked a factual basis in the record. Moore v. Detroit Entertainment, LLC , 279 Mich.App. 9 0 obj 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.) 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). Executive Ambulatory Surgical Center, LLC waiver sent on 6/10/2022, answer due 8/9/2022. SPINE PHYSICIANS GROUP, PLLC, JIAB HASAN SULEIMAN, and JIAB SULEIMAN, D.O., PC, doing business as PREMIER ORTHOPEDICS, Defendants. 22 0 obj Sabit and Suleiman. Search for your insurance provider. CRESCENT HOLDINGS LLC in Northville, MI | Company Info & Reviews STANDARD OF REVIEW AND GENERAL PRINCIPLES. PDF United States Court of Appeals for The Sixth Circuit Hosp. CMH required Dr. Sabit to execute an extensive release before it would disclose any information. Jiab Suleiman specializes in diagnosis and treatment of orthopedic problems like arthritis, fractures, back pain. A trial court's denial of a motion for JNOV is reviewed de novo. (DeNinno, Andrew) (Entered: 06/27/2022), Docket(#16) CERTIFICATE of Service/Summons Returned Executed. ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named CRESCENT HOLDINGS LLC Search All Michigan Companies Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022), U.S. District Courts | Other | 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> at 161, 369 N.W.2d 826. See also Westland v. Okopski , 208 Mich.App. SIM's credentialing file contained two copies of this letter. 18 0 obj Next to each of these awards, the verdict form included a notation that said, "+12%." Further, had the trial court not granted plaintiff's motion to compel discovery of the credentialing file and subsequently denied SIM's motion to strike plaintiff's expert testimony, SIM would have been entitled to judgment as a matter of law before trial even began. ({K@kZc~-8\OJxZtZskGq 3Wt)@#hk[CE h@Wf)W2L/\E][ l{v . (DeNinno, Andrew) (Entered: 06/08/2022), Docket(#3) NOTICE of Appearance by Brad Compston on behalf of All Plaintiffs. 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." Biomolecular Integrations, Inc. served on 6/23/2022, answer due 7/14/2022. EMG studies suggested a possibility of permanent nerve damage. 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. Dorsey v. Surgical Institute of Michigan, LLC - Casetext Doctors sued for allegedly faking surgeries - WXYZ See Mitchell v. Kalamazoo Anesthesiology, PC , 321 Mich.App. at 255-256, 865 N.W.2d 908. 23 0 obj Phone: (313) 792-8350. Judge Refuses To Dismiss Allstate's Suit Alleging It Paid Over $2M In Jiab Suleiman DO PC - Dearborn, MI 48126 - Yellow Pages 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. (BSau) (Entered: 07/22/2022), Docket(#21) ORDER OF RECUSAL AND REASSIGNING CASE from District Judge Judith E. Levy in Ann Arbor to District Judge George Caram Steeh in Detroit. 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). Id. Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. See MCL 333.20101 et seq. endobj Full title:NOEL DORSEY, Plaintiff-Appellee, v. SURGICAL INSTITUTE OF MICHIGAN, LLC. Unlike MCL 333.20175(8), MCL 333.21515 does not use "health facility or agency" terminology that, by definition, encompasses a freestanding surgical outpatient facility. The loan's status was . at 571, 918 N.W.2d 545, which occurs when the trial court's ruling falls "outside the range of reasonable and principled outcomes," Hecht , 499 Mich. at 604, 886 N.W.2d 135. In response, plaintiff argued that the jury was properly instructed and that the 12% interest was clearly intended to apply only to the precomplaint period, consistent with the court's instructions. The Court observed that the Public Health Code imposed a duty on the owner, operator, and governing body of a hospital to. Dr. Jagannathan was still hopeful that she would continue to improve. 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? EXECUTIVE AMBULATORY SURG | Case No. 21-10985. | 20220216b17 | Leagle.com Dr. 165, 168, 804 N.W.2d 754 (2010), that "a credentialing committee is a peer review committee" to which a privilege is afforded. The letter requested a written response, but there was no written response from Dr. Sabit in the credentialing file. Jiab Suleiman, DO, MS, is a board-certified orthopedic surgeon offering his expertise to patients in Canton and Dearborn, Michigan, at Premier Orthopedics. SIM opposed plaintiff's motions, denying that it removed or destroyed anything from the credentialing file before producing it to plaintiff. 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. 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. Moreover, Dr. Beaghler indicated that there were no disciplinary actions pending against Dr. Sabit, nor did he ask for a phone call or suggest Dr. Sabit had a major problem at CMH. Plaintiff testified that Dr. Suleiman referred her to Dr. Sabit on January 11, 2012, for severe back pain. Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. 15 0 obj The court then entered a judgment against Dr. Sabit, MBSPG, and SIM, jointly and severally. Although SIM's credentialing file did not contain a written response from Dr. Sabit, the next letter from SIM to Dr. Sabit, dated May 26, 2011, said: Citing SIM's request for a written response from Dr. Sabit, its subsequent acknowledgment of Dr. Sabit's prompt response, and deposition testimony from SIM's medical director indicating that the written response would have been kept in the credentialing file, plaintiff asked the trial court to give an adverse-inference instruction at trial, see M. Civ. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 7>> PPP Loan Data Jiab Suleiman, DO, PC, Dearborn, MI - FederalPay at 395, 772 N.W.2d 57 ("[T]here must be facts in evidence to support the opinion testimony of an expert.") 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. Id. DeBeaudry never saw a written response from Dr. Sabit and was not aware of one existing. endobj 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. We agree. 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. He is affiliated with medical facilities such as Garden City Hospital and Beaumont Hospital Taylor. Lock could not say that he understood Dr. Sabit was suspended for reasons implicating patient safety because "I'm not sure I remember reading that letter from way back 6 years ago." Questions Post Question There are no questions yet for this company. ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named JHS MANAGEMENT, LLC Search All Michigan Companies Albert J. Dib and Barbara H. Goldman for Noel Dorsey. 2022-03-22, U.S. District Courts | Contract | The court denied SIM's motion because there was nothing in the medical malpractice trial that would potentially prejudice SIM's defense of the negligent-credentialing claim. Suleiman was identified as the co-surgeon in the operative report, but he testified at trial that he was only present during the initial dissection of the surgical site and then left to attend his own patients. Evidentiary rulings are generally reviewed for an abuse of discretion, Mueller , 323 Mich.App. 2:18-CV-14094 | 2018-12-31, U.S. District Courts | Contract | 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. between Awaisi on behalf of Orthopedic, Melissa El Khoury, and Jiab Suleiman, D.O.). Serv. endobj Biomolecular Integrations, Inc. served on 6/23/2022, answer due 7/14/2022. Dr. Jiab Suleiman, Orthopedic Surgeon in Dearborn | Patient Reviews In the first, SIM moved for separate trials with respect to the negligent-credentialing claim against it and the medical malpractice claims against Drs. Although it was possible that the allegations were not credible, SIM needed to follow up with CMH. 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. This matter arises from a surgery codefendant Dr. Although Dr. Beaghler's letter was not automatically inadmissible on this basis, see Dye , 230 Mich.App. 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. 17 0 obj Dr. Beaghler provided a written response after the release was returned. See Mich. Gas Utilities v. Pub. endobj 7 0 obj See MCL 600.2169(1) ; MCR 2.116(C)(10) ; Nelson v. American Sterilizer Co. , 223 Mich.App. impairment. , 230 Mich.App. MCR 2.611(A)(1) sets forth the grounds upon which a jury verdict may be set aside and a new trial granted. 2023-02-22, El Paso County Courts | Personal Injury | at 168, 804 N.W.2d 754 ("[A] credentialing committee is a peer review committee."). 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." [Dkt. , 200 Mich.App. endobj Prior to that, he completed a master's degree in biology at the University of Cincinnati and an undergraduate degree from Ohio State University. Plaintiff filed this lawsuit in 2016 after learning from another neurosurgeon that the described procedures were not actually performed. The court also indicated that the claims against Drs. Boonstra, P.J., and Cavanagh and Gadola, JJ., concurred. 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. Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. He states that he formed his opinions after 2 Discussed below is Jiab Suleiman's qualification to testify as an expert. See Fedorinchik v. Stewart , 289 Mich. 436, 438-439, 286 N.W. 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. 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 . 490, 493-494, 513 N.W.2d 179 (1994). Mich. 2022) case opinion from the Eastern District of Michigan US Federal District Court Thus, Dr. Hyde's testimony about the significance of Dr. Beaghler's disclosures and the steps SIM should have taken in response to the letter was not based on facts in evidence, contrary to MRE 703. endobj 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. %PDF-1.4 (Internal quotation marks supplied.). The trial court agreed and granted a directed verdict with respect to the standard of care, breach of the standard of care, and causation. Dorsey v. Surgical Institute of Michigan, LLC. Lock believed that his responsibilities as medical director were limited to making sure the board of directors had information to make its own decisions. 4 at 28.] at 321, 602 N.W.2d 633. Had SIM done that, they would have noticed that Dr. Sabit falsely indicated that he had never had medical staff privileges suspended. <>stream Nonetheless, as explained above, the credentialing file was inadmissible. See Feyz , 475 Mich. at 681, 719 N.W.2d 1, citing MCL 331.531. 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). 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. "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." View court, arrest, criminal/conviction records, Lawsuits, Liens, Bankruptcies & sex offender status for Jiab Suleiman. 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. Dr. Jiab Suleiman, DO, Orthopedic Surgery Specialist - Sharecare Id. (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. 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. Mueller v. Brannigan Bros. She underwent surgery with Dr. Jagannathan on March 24, 2016, and had not been able to return to work since then. 1963, art. After seeing Dr. Beaghler's letter, the board of directors decided to interview Dr. Sabit in person to determine what happened at CMH. Licenses and Affiliations 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. 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. Although the opinion containing this information was not released until 2015, Dr. Hyde opined that Dr. Beaghler would have provided the same information if SIM had inquired. 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. Rakesh Ramakrishnan, M.D., P.C. Cancellation and Refund Policy, Privacy Policy, and 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. 2023-02-22. The employer identification number (EIN) for Jiab Suleiman, D.o., P.c. 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. PDF STATE OF MICHIGAN COURT OF APPEALS - michbar.org Unambiguous statutory language must be enforced as written and no judicial construction is required or permitted. 528, 531-532, 624 N.W.2d 582 (2001). People v. Fisher , 449 Mich. 441, 449-450, 537 N.W.2d 577 (1995). Plaintiff's complaint also raised claims against Dr. Jiab Hasan Suleiman and his practice, Jiab Suleiman, D.O., PC, doing business as Premier Orthopedics. (313) 565-4989. Providers Overview Location Reviews.
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