We agree. (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. The letter requested a written response, but there was no written response from Dr. Sabit in the credentialing file. 528, 531-532, 624 N.W.2d 582 (2001). , 230 Mich.App. CONCLUSION. Chase is hereby ordered to provide responsive . In a memorandum dated May 10, 2018, OWCP noted that it would obtain a new impartial He is affiliated with medical facilities such as Garden City Hospital and Beaumont Hospital Taylor. at 667-669, 584 N.W.2d 747. Id. 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. 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. . 636c and FRCP 73. Search for your insurance provider. 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. 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. Dr. Sabit performed the surgery at SIM on February 8, 2012. 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. endobj See Feyz , 475 Mich. at 681, 719 N.W.2d 1, citing MCL 331.531. The jury determined that SIM negligently credentialed Dr. Sabit and that the negligent credentialing was a proximate cause of plaintiff's injuries. Juliet James on Twitter: "RT @Mrs_K_Suleiman: #PrinceHarry lawsuit (DeNinno, Andrew) (Entered: 06/13/2022), Exhibit 12 - New Clear Images, LLC Damages Chart, Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. 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. 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. Hecht v. Nat'l Heritage Academies, Inc. , 499 Mich. 586, 604, 886 N.W.2d 135 (2016) (citations omitted). Jiab Suleiman, DO | Orthopedic Surgeon in Canton, MI - Vitadox Only plaintiff's medical malpractice claim against SIM, premised on a negligent-credentialing theory, is at issue in this appeal. 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. 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). Ctr. (DeNinno, Andrew) (Entered: 06/13/2022), (#14) WAIVER OF SERVICE Returned Executed. Because the disclosures in Dr. Beaghler's letter were not offered to prove the truth of those statements, the disclosures were not 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. [Dkt. Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. Dr. 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. 2 0 obj 350 Granite St., Suite 2204 Braintree, MA 02359 Nathan Tilden Attorney at King, Tilden, McEttrick & Brink, P.C. Thus, we reverse and remand for entry of judgment in favor of SIM. Jiab Suleiman D.O., P.C. SIM responded that it was a health facility, as set forth in MCL 333.20175(8), and entitled to the protections afforded by statute. 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. Dr. Sabit submitted an application for surgical privileges at SIM on or about April 29, 2011. Dr. Jiab H Suleiman, DO - Dearborn, MI - Hip and Knee Orthopedic (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. 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. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, The applicability of MCL 333.21515 presents a closer question. 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." Dr. Hai testified that there was "absolutely no indication [from Dr. Beaghler] that we needed to pursue anything further." Id. 1, 14. 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. ("Suleiman PC"), filed this action against Allstate Fire and Casualty Insurance Co. to recover payment for medical services rendered to a third party. DeBeaudry also explained that the National Practitioner Data Bank is a registry where claims against doctors are recorded, and it was used by healthcare facilities to help investigate a doctor's background. 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. Plaintiff's counsel drew Dr. Allstate Ins. Co. v. Orthopedic, P.C. - Casetext PDF United States Department of Labor Employees Compensation Appeals - DOL 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. endobj Dr. Suleiman submitted a report dated April 24, 2018, which did not provide an impairment rating. 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. 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. SIM therefore argues that JNOV is warranted because, without the credentialing file, there was insufficient evidence to create a jury question. Accordingly, the file was not subject to discovery and should not have been admitted at trial. Additionally, SIM should have assessed Dr. Sabit's application to see if he truthfully disclosed the same issues. at 395, 772 N.W.2d 57 ("[T]here must be facts in evidence to support the opinion testimony of an expert.") Dorsey v. Surgical Institute of Michigan, LLC - Casetext JI 6.01, and sanction SIM for intentional spoliation of evidence. Cancellation and Refund Policy, Privacy Policy, and Hazel Park Medical Center. He also talked about hardware that would be placed during the surgery. Jiab Suleiman, DO in Dearborn, MI 48126 - (313) 261-2060 A "health facility or agency" is a broad term encompassing several types of entities, including freestanding surgical outpatient facilities and hospitals. People v. Fisher , 449 Mich. 441, 449-450, 537 N.W.2d 577 (1995). Recognizing the precedent established in Attorney General and Dye , this Court again confirmed in Johnson v. Detroit Med. The relevance of Dr. Beaghler's letter was not to prove the truth of the disclosuresthe alleged deficiencies in Dr. Sabit's performance at CMH were of no moment to this case. (Tilden, Nathan) (Entered: 06/08/2022), (#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. A disheveled, unshaven Sabit, dressed in jeans and a white T-shirt and wearing handcuffs and leg shackles, made a brief court appearance Monday and will be held without bond until a Dec. 1 hearing.. (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. Although it was possible that the allegations were not credible, SIM needed to follow up with CMH. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. to Respond to Complain by 9/09/2022. Rakesh Ramakrishnan, M.D., P.C. And the best part of all, documents in their CrowdSourced Library are FREE! The magistrate judge recommended the following findings: (1) the ALJ properly evaluated the opinion of orthopedic surgeon Dr. Jiab Suleiman (id., Pg. See MCL 333.20101(2) and MCL 333.21501(2). Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. Dr. Jane Boruta, MD. 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. 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). Dr. 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. Indeed, at a June 30, 2017 hearing on plaintiff's motion to compel (which was granted), counsel for plaintiff stated with regard to the negligent-credentialing claim, "the only way we're going to prove it is by looking at the credentialing file." SIM disagreed that Dr. Sabit's default could be imputed to it. 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. Dr. The trial court ultimately determined that the jury intended to comply with its instructions, which required it to include only precomplaint interest, and therefore construed the verdict as awarding 12% interest from February 8, 2012 (date of surgery) through December 1, 2016 (plaintiff's complaint). 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 will check for: Ctr. Plaintiff first called Elaine DeBeaudry as an adverse or hostile witness. 538, 546 n. 3, 619 N.W.2d 66 (2000) ; see also Taylor v. Kent Radiology PC , 286 Mich.App. B249793), p. 1, 2015 WL 1954590 (alteration in original). Plaintiffs Executive Ambulatory Surgical Center ("Executive") and Jiab Suleiman, D.O., P.C. See other contact addresses. Dr. 15 0 obj 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. Jiab Suleiman DO PC - Dearborn, MI 48126 - Yellow Pages Krusac v. Covenant Med. Dr. Jagannathan operated on plaintiff on May 24, 2016. 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. 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. MCR 2.611(A)(1) sets forth the grounds upon which a jury verdict may be set aside and a new trial granted. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 11>> That was not true, and she continued to feel pain months later. Biomolecular Integrations, Inc. served on 6/23/2022, answer due 7/14/2022. Plaintiff replied that MCL 333.21515 afforded protection to hospitals only. Fax: (313) 565-4989. By October 2012, Dr. Sabit was falsely reporting in his records that plaintiff had a complete resolution of her symptoms. We therefore need not reach the remaining issues that are raised on appeal. However, the court found no evidence that SIM intentionally destroyed evidence and therefore denied the motion for sanctions. Id. 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. endobj He cleaned . <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 9>> 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 Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. 2:21-CV-10985 | 2021-05-03, U.S. District Courts | Contract | SIM's credentialing file regarding Dr. Sabit was protected by a statutory peer-review privilege under MCL 333.20175(8) and MCL 333.21515. (DeNinno, Andrew) (Entered: 06/08/2022), Docket(#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. 17 0 obj With respect to summary suspensions, Dr. endobj It also referenced two specific instances in which Dr. Sabit did not render appropriate medical care. Restaurants & Taverns LLC , 323 Mich.App. 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. The CT did, however, show an interspinous plate at L4-L5. 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. (Internal quotation marks supplied.). 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 specializes in diagnosis and treatment of orthopedic problems like arthritis, fractures, back pain. CRESCENT HOLDINGS LLC in Northville, MI | Company Info & Reviews endobj Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. Dr. Hai summarized: "[Dr. Sabit] had been practicing for 7, 8 years. "Voir dire is the process by which litigants may question prospective jurors so that challenges to the prospective jurors can be intelligently exercised." SIM responded that the credentialing file was privileged and protected from disclosure under MCL 333.21515. Plaintiff's complaint also raised claims against Dr. Jiab Hasan Suleiman and his practice, Jiab Suleiman, D.O., PC, doing business as Premier Orthopedics. Jiab Suleiman, DO, MS, is a board-certified orthopedic surgeon offering his expertise to patients in Canton and Dearborn, Michigan, at Premier Orthopedics. Plaintiff filed this lawsuit in 2016 after learning from another neurosurgeon that the described procedures were not actually performed. He graduated from At Still University Health Sciences/Kirksville College Of Osteopathic Medicine in 1997. CMH required Dr. Sabit to execute an extensive release before it would disclose any information. 144, 157-158, 908 N.W.2d 319 (2017) ; Lewis v. LeGrow , 258 Mich.App. Under MCL 333.21513, a hospital was required to conduct peer-review activities, and the Court opined that the unambiguous language of the section immediately following MCL 333.21513, i.e., the statutory privilege outlined in MCL 333.21515, constituted a clear expression of the Legislature's intent to preclude "peer review committee records" from disclosure, even in the context of an investigation by the board under other articles of the Public Health Code. 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."). , 200 Mich.App. Signed by District Judge George Caram Steeh. <> The trial court denied the motion, reasoning that it would not promote judicial economy because the medical malpractice of Drs. 1 0 obj <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 1>> 27 Apr 2023 20:07:35 According to SIM's bylaws, the medical director was responsible for making recommendations to the board of directors regarding all applicants for staff privileges. 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. Dr. Hai also opined that if SIM had denied Dr. Sabit's application, it would not have caused his privileges elsewhere to be revoked. Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022). But there is no evidence of any such stipulation in the record. %PDF-1.4 Phone: (313) 789-5328. 350 Granite Street, Suite 2204 Braintree, MA 02184 Andrew H. DeNinno Dr. Jiab Suleiman, DO - Healthgrades Lock believed that his responsibilities as medical director were limited to making sure the board of directors had information to make its own decisions. The trial court viewed the motion as a motion for reconsideration and stated on the record that it did not intend to revisit the admissibility of the credentialing file. Generally, medical malpractice claims require expert testimony regarding the appropriate standard of care and causation. Lock explained that "credentialing packet[s]" were processed and given to the board of directors for decision. 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. Id. SIM objected to Dr. Hyde's testimony regarding this subject on hearsay, foundation, and relevancy grounds, but the trial court overruled the objections. 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. On May 19, 2011, after the release was signed and returned, Dr. Marc Beaghler, CMH's chief of staff, sent the following letter: Resigned (Provisional at the time of Resignation). MRE 801(c). Executive Ambulatory Surgical Center, LLC et al v. Allstate Fire and Casualty Insurance Company, No. 1963, art. 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. Dr. Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. Ctr., Inc. , 497 Mich. 251, 255, 865 N.W.2d 908 (2015). In the spring of 2018, Dr. Jagannathan operated on plaintiff again to decompress the area adjacent to the fusion level. SIM also argues that it was entitled to JNOV because Michigan does not recognize negligent credentialing as a cause of action. 576, 583, 505 N.W.2d 27 (1993). endobj See also Westland v. Okopski , 208 Mich.App. The plain language of MCL 333.20175(8) limited the use of those materials to purposes provided in Article 17. Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. Article 17 of the Public Health Code generally governs licensing and regulation of health facilities and agencies. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 8>> 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. See Mitchell , 321 Mich.App. 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. Phone Address 17000 Executive Plaza Drive, 101 Premiier Orthopedics, Dearborn, MI 48126-2793 Office Details Get Directions Insurance Accepted Medicare NOTE: Please contact the doctor's office to confirm your coverage before making an appointment. 8 0 obj endobj EIN 01-0719076 - Jiab Suleiman, D.o., P.c., Dearborn, Michigan Plaintiff asserted a medical malpractice claim and other theories against Dr. Sabit and his practice, Michigan Brain and Spine Physicians Group, PLLC (MBSPG). 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. Next to each of these awards, the verdict form included a notation that said, "+12%." Plaintiff continued to have persistent pain and was treating with one of Dr. Jagannathan's colleagues, a pain-management specialist. 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. 490, 493-494, 513 N.W.2d 179 (1994). Executive Ambulatory Surgical Center, LLC waiver sent on 6/10/2022, answer due 8/9/2022. 636c and FRCP 73. Id. To resolve the conflict, OWCP referred appellant to Dr. Jiab Suleiman, a Board-certified orthopedic surgeon, for an impartial medical examination. Plaintiff filed this lawsuit in 2016 after learning from another neurosurgeon that the described procedures were not actually performed. Rather, the logical significance of the letter was the effect the disclosures had on SIM's decision to grant Dr. Sabit privileges. Dr. Jiab H. Suleiman, DO | Dearborn, MI | Orthopedist | US News Doctors Damages Chart, Exhibit 9 - The Surgical Institute of Michigan, LLC Damages Chart, Exhibit 6 - Biomolecular Integrations, Inc. The second copy included the above underlining added by hand. Lock said, "I'm not sure I understand what summary suspension means." at 667, 673, 584 N.W.2d 747. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 16>> In summary, the trial court improperly ordered the production and admission of SIM's credentialing file. The evidence was otherwise insufficient to meet plaintiff's burden of proof regarding the standard of care and proximate cause. Under the circumstances, we will therefore discuss aspects of the credentialing file in this opinion. In 2011, Dr. 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. Providers Overview Location Reviews. Part of her duties was to gather information regarding physicians who applied for staff privileges at SIM and point out any "red flags" or concerning material in the gathered information. On November 14, 2018, plaintiff moved for entry of a judgment against SIM, Dr. Sabit, and MBSPG, jointly and severally. endobj See MCL 600.2169(1) ; MCR 2.116(C)(10) ; Nelson v. American Sterilizer Co. , 223 Mich.App. endobj 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. Dr. Jagannathan also explained that when a nerve has been pinched for four or five years without proper treatment, the chances of improvement are much lower. Before: Boonstra, P.J., and Cavanagh and Gadola, JJ. 19 0 obj sponsers an employee benefit plan and files Form 5500-SF short form annual return/report. 22 0 obj 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. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 15>> (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.