The plain language of MCL 333.20175(8) limited the use of those materials to purposes provided in Article 17. Krusac v. Covenant Med. 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. Dr. Hyde opined that the combination of these disclosures should have prompted SIM to do a very thorough investigation before granting Dr. Sabit privileges. The practitioner's primary taxonomy code is 207X00000X with license number 5101013467 (MI). Plaintiff replied that MCL 333.21515 afforded protection to hospitals only. 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. 2 0 obj Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. 22 0 obj Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. SIM argued that the court could not assume that the jury would have calculated damages and interest in the same manner as plaintiff's economist. Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022), U.S. District Courts | Other | ID 807-15); (2) the ALJ's assessment of Amir's subjective complaints were supported by substantial evidence (id., Pg. The employer identification number (EIN) for Jiab Suleiman, D.o., P.c. 165, 168, 804 N.W.2d 754 (2010), that "a credentialing committee is a peer review committee" to which a privilege is afforded. (DeNinno, Andrew) (Entered: 06/27/2022), (#16) CERTIFICATE of Service/Summons Returned Executed. endobj [Dkt. 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. 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.) In short, he (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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 11>> Lock explained that "credentialing packet[s]" were processed and given to the board of directors for decision. 1. Jiab Suleiman, DO can be contacted via phone at (313) 261-2060 for pricing, hours and directions. 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. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 3>> Dr. Sabit told her that she needed surgery, specifically, a lumbar fusion and laminectomy. 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. Jiab Suleiman is on Facebook. 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. 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. Allstate removed the action from the Third Judicial Circuit in Wayne County, Michigan, to this Court on . Dr. Jiab Suleiman, DO is an orthopedic surgery specialist in Dearborn, MI and has over 25 years of experience in the medical field. PDF Order on Non-party'S Motion to Quash Subpoenas and For a Protective 144, 157-158, 908 N.W.2d 319 (2017) ; Lewis v. LeGrow , 258 Mich.App. The defendant hospital in Dye objected to the plaintiff's request for a physician's "personnel/privileges file," relying on MCL 333.21515, as well as MCL 333.20175(8). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 19>> Yet there was no evidence that anyone at SIM reached out to Dr. Beaghler or anyone else at CMH again. The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. 5 0 obj sponsers an employee benefit plan and files Form 5500-SF short form annual return/report. MCL 333.1113. The NPI number of this provider is 1598965543 and was assigned on July 2007. This Court found the defendant's position persuasive, agreeing that it was supported by the plain meaning of the statutory privilege. 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. A "health facility or agency" is a broad term encompassing several types of entities, including freestanding surgical outpatient facilities and hospitals. Responding to this type of inquiry, a hospital would generally summarize information without providing a detailed explanation of everything in Dr. Sabit's record. 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. Dr. Jiab Suleiman, DO - Dearborn, MI | Orthopaedic Surgery - Doximity 18 0 obj 3-2.] You can find contact information like phone number, practice website, office address and reviews for Dr. Jiab Suleiman on HealthSoul. Id. Had SIM done that, they would have noticed that Dr. Sabit falsely indicated that he had never had medical staff privileges suspended. Dr. Hai testified that there was "absolutely no indication [from Dr. Beaghler] that we needed to pursue anything further." Allstate Ins. Co. v. Orthopedic, P.C. - Casetext 20 0 obj Plaintiff testified that in February or March 2016, she began seeing neurosurgeon Dr. Jayant Jagannathan, who told her that an MRI did not reflect the procedures Dr. Sabit told her he performed. Id. SIM filed several postjudgment motions in which it sought a judgment notwithstanding the verdict (JNOV) or, alternatively, a new trial, arguing that (1) the credentialing file regarding Dr. Sabit was privileged and inadmissible; (2) Michigan does not recognize a negligent-credentialing cause of action; (3) Dr. Hyde's testimony was inadmissible and failed to establish negligence and proximate cause because it lacked a sufficient factual basis in record evidence; (4) SIM was denied a fair trial because the court refused to seat a second jury for the negligent-credentialing claim, SIM was not able to participate in voir dire, and the jury was exposed to inadmissible and prejudicial information about Dr. Sabit; (5) the jury's award of future medical expenses was speculative and excessive; (6) the jury's attempt to award precomplaint interest could not be harmonized with its failure to distinguish between precomplaint and postcomplaint damages; and (7) the adverse-inference jury instruction was unsupported by evidence. CRESCENT HOLDINGS LLC in Northville, MI | Company Info & Reviews "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." Jiab Suleiman DO PC - Dearborn, MI 48126 - Yellow Pages Jiab Suleiman, DO is located at 17000 Executive Plaza Dr STE 101 in Dearborn, Michigan 48126. Dr. Sabit told the board he was suspended because of problems with medical records, which the board considered acceptable. DeBeaudry agreed that SIM sent a letter to Dr. Sabit to inquire about some of the issues disclosed by Dr. Beaghler. Of the nearly 20 motions in limine filed by the parties, only two have particular relevance to the issues on appeal. Id. 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. 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. Lock did not remember Dr. Beaghler's letter, he agreed that he must have read it because he referenced it in a subsequent letter to Dr. Sabit. (DeNinno, Andrew) (Entered: 06/27/2022), Docket(#16) CERTIFICATE of Service/Summons Returned Executed. But Dr. Hyde's opinion about what Dr. Beaghler would have disclosed upon further inquiry may not necessarily be considered unduly speculative. Licenses and Affiliations Specialities (DeNinno, Andrew) (Entered: 06/20/2022), Docket(#15) WAIVER OF SERVICE Returned Executed. 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.". 6 0 obj <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 13>> However, the court found no evidence that SIM intentionally destroyed evidence and therefore denied the motion for sanctions. , 200 Mich.App. 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. Hosp. Call Dr. Jiab H Suleiman on phone number (313) 565-4948 for more information and advice or to book an appointment. Plaintiff opined that she was entitled to $630,431.04 in present damages, and $1,691,000 in future damages reduced to a present value of $1,038.540.74, for a total award of $1,668.971.78, less any expenses paid or payable by a collateral source, namely, the Social Security Administration. Dr. Jiab Suleiman, DO, Orthopedic Surgery | Dearborn, MI | WebMD She did not consider herself an expert in credentialing, but she was knowledgeable about preparing or gathering documentation for credentialing purposes. Dr. Beaghler provided a written response after the release was returned. He is affiliated with medical facilities such as Garden City Hospital and Beaumont Hospital Taylor. 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 jury determined that SIM negligently credentialed Dr. Sabit and that the negligent credentialing was a proximate cause of plaintiff's injuries. PDF STATE OF MICHIGAN COURT OF APPEALS - michbar.org 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. SIM responded that the credentialing file was privileged and protected from disclosure under MCL 333.21515. In the spring of 2018, Dr. Jagannathan operated on plaintiff again to decompress the area adjacent to the fusion level. 1, 14. 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. By October 2012, Dr. Sabit was falsely reporting in his records that plaintiff had a complete resolution of her symptoms. (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. 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. SIM opposed plaintiff's motions, denying that it removed or destroyed anything from the credentialing file before producing it to plaintiff. Jiab H Suleiman, 53 - Dearborn, MI - Has Court or Arrest Records Damages Chart, #13 Exhibit 12 - New Clear Images, LLC Damages Chart, #14 Exhibit 13 - Biomolecular Integrations, Inc. On this record, there is no indication that plaintiff would have acquired the letter from a different source. 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. The court then entered a judgment against Dr. Sabit, MBSPG, and SIM, jointly and severally. 2023-02-22, Orange County Florida Courts | Small Claim | He had no formal training in healthcare administration. See Mitchell v. Kalamazoo Anesthesiology, PC , 321 Mich.App. at 162, 369 N.W.2d 826. (DeNinno, Andrew) (Entered: 06/08/2022), (#6) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Allstate Property and Casualty Insurance Company identifying Corporate Parent The Allstate Corporation, Corporate Parent The Allstate Corporation for Allstate Property and Casualty Insurance Company. Id. We have found at least 1 Lawsuit, Lien, or Bankruptcy We have found at least 1 Court Record. Licenses and Affiliations Jiab Suleiman - Facebook Mich. 2022) case opinion from the Eastern District of Michigan US Federal District Court (Tilden, Nathan) (Entered: 06/08/2022), Docket(#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 7>> (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. Dye v. St. John Hosp. 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. See also Teal , 283 Mich.App. Jiab Suleiman D.O., P.C. 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. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. JIAB SULEIMAN Agent 42627 Woodwind Lane Canton, MI 48188 Reviews Write Review There are no reviews yet for this company. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 0>> 2:18-CV-14093 | 2018-12-31, U.S. District Courts | Contract | Judge Refuses To Dismiss Allstate's Suit Alleging It Paid Over $2M In Dr. Jiab Suleiman, DO, Orthopedic Surgery Specialist - Sharecare In the midst of trial, SIM also filed a written motion in limine to exclude its credentialing file from evidence. Other than Dr. Beaghler's letter, there was nothing negative in Dr. Sabit's file, and SIM was also aware that Dr. Sabit had been given privileges at several hospitals in the area. 2:22-CV-11826 | 2022-08-08, Volusia County Courts | Other | . Mueller v. Brannigan Bros. Dr. 2023-01-31, Palm Beach County 15th Judicial Circuit Courts | Other | In support of her motion, plaintiff submitted a report from Nitin V. Paranjpe, Ph.D., regarding the foregoing calculations and Dr. Paranjpe's curriculum vitae reflecting his background in economics. endobj Lock did not recall ever seeing Dr. Sabit's response. 0 Ratings. 566, 571, 918 N.W.2d 545 (2018). <>stream The second copy included the above underlining added by hand. 4 at 28.] [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. "A litigant's right to trial before an impartial jury requires that he be given an opportunity to obtain the information necessary to challenge individuals for cause or peremptorily." 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. When Dr. Sabit was granted privileges, Dr. Dr. Sabit performed the surgery at SIM on February 8, 2012. Signed by District Judge George Caram Steeh. Make your practice more effective and efficient with Casetexts legal research suite. (Geroux, Debra) (Entered: 07/19/2022), (#18) NOTICE of Appearance by Barrett Young on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. "So all that confirmed that everybody has checked him through, so it was easy for us to say that there was nothing negative at that point. 175, 200, 670 N.W.2d 675 (2003) ; Miller v. Hensley , 244 Mich.App. ID 797-807); and (3) at step five of the five-step analysis found at 20 C.F.R. Id. [Dkt. 490, 493-494, 513 N.W.2d 179 (1994). She underwent surgery with Dr. Jagannathan on March 24, 2016, and had not been able to return to work since then. Dr. Hai summarized: "[Dr. Sabit] had been practicing for 7, 8 years. 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. At any rate, CMH provided enough information to prompt a reasonably intelligent and prudent administrator to follow up. Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. The letter requested a written response, but there was no written response from Dr. Sabit in the credentialing file. endobj 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. 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. ALLSTATE INSURANCE COMPANY et al v. ORTHOPEDIC, P.C. et al The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. at 395, 772 N.W.2d 57 ("[T]here must be facts in evidence to support the opinion testimony of an expert.") Search for your insurance provider. 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 161, 369 N.W.2d 826. Dr. Nearly a decade later, this Court considered the statutory privilege in the context of a medical malpractice action involving a negligent-credentialing theory. Plaintiff continued to have persistent pain and was treating with one of Dr. Jagannathan's colleagues, a pain-management specialist. Dr. Hyde believed his opinion was reinforced by the deposition testimony of Dr. Kenneth Lock, SIM's medical director in 2011. Although Dr. Beaghler's letter was not automatically inadmissible on this basis, see Dye , 230 Mich.App. 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. 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. View court, arrest, criminal/conviction records, Lawsuits, Liens, Bankruptcies & sex offender status for Jiab Suleiman. 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. It is undisputed that SIM is a freestanding surgical outpatient facility, as defined by MCL 333.20104(7), and therefore also a health facility or agency under MCL 333.20106(1)(c). " Dr. Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC, were treated as a single entity throughout these proceedings. The court also determined that plaintiff was required to prove that Dr. Sabit committed malpractice as part of her negligent-credentialing claim against SIM, plaintiff could not rely on Dr. Sabit's default for that purpose, and SIM was free to dispute Dr. Sabit's malpractice as part of its defense. Ctr. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 5>> Even so, Dr. Jiab Suleiman, DO | Orthopedic Surgeon in Canton, MI - Vitadox Jiab H. Suleiman, DO - Orthopedic Surgeon in Dearborn, MI - MD.com Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. Biomolecular Integrations, Inc. served on 6/23/2022, answer due 7/14/2022. 4 0 obj Id. This Court also previously denied a motion to seal the credentialing file. A $25 million lawsuit has been filed against two doctors and a surgery center in Westland for allegedly performing fake surgeries. 2023-01-31, El Paso County District Courts | Personal Injury | According to SIM's bylaws, the medical director was responsible for making recommendations to the board of directors regarding all applicants for staff privileges. "), there is no indication that plaintiff acquired the letter from a source independent of the credentialing file.

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