(BSau) (Entered: 07/22/2022), (#21) ORDER OF RECUSAL AND REASSIGNING CASE from District Judge Judith E. Levy in Ann Arbor to District Judge George Caram Steeh in Detroit. The eight-day jury trial began on October 9, 2018, with the first five days devoted exclusively to the medical malpractice claims against Drs. However, the first sections of both Part 215 (regarding hospitals) and Part 201 (the general provisions applicable to Article 17) incorporate the principles of construction set forth in Article 1 of the Public Health Code. Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. ", Dr. Hai did not believe that anything in Dr. Beaghler's letter was alarming or justified denying Dr. Sabit's application for privileges. Plaintiff testified that, in reality, she felt no improvement. 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. Dr. Hyde believed his opinion was reinforced by the deposition testimony of Dr. Kenneth Lock, SIM's medical director in 2011. 25 0 obj 2023-02-22, Orange County Florida Courts | Small Claim | <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 7>> Damages Chart, Exhibit 9 - The Surgical Institute of Michigan, LLC Damages Chart, Exhibit 6 - Biomolecular Integrations, Inc. In pertinent part, the rule permits a new trial when a party's substantial rights are materially affected by "[i]rregularity in the proceedings of the court, jury, or prevailing party, or an order of the court or abuse of discretion which denied the moving party a fair trial." 23 0 obj Providers. Dr. Sabit told her that she needed surgery, specifically, a lumbar fusion and laminectomy. 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). (Eppel, Theodore) (Entered: 07/19/2022), Docket(#19) NOTICE of Appearance by Debra A. Geroux on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. 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." This Court found the defendant's position persuasive, agreeing that it was supported by the plain meaning of the statutory privilege. This matter arises from a surgery codefendant Dr. According to SIM's bylaws, the medical director was responsible for making recommendations to the board of directors regarding all applicants for staff privileges. 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. On November 14, 2018, plaintiff moved for entry of a judgment against SIM, Dr. Sabit, and MBSPG, jointly and severally. Because Dr. Hyde was the only expert to testify regarding the applicable standard of care and proximate cause, his testimony was critical to plaintiff's case. 1 0 obj The applicability of MCL 333.21515 presents a closer question. Dr. Sabit performed the surgery at SIM on February 8, 2012. Mueller v. Brannigan Bros. Dr.. 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.) We reverse and remand for entry of judgment in favor of SIM. 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. It was evident that the foregoing issues were noticed by someone in the credentialing process, as they were underlined in a copy of the letter. Id. 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. The employer identification number (EIN) for Jiab Suleiman, D.o., P.c. It also referenced two specific instances in which Dr. Sabit did not render appropriate medical care. 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." 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). SIM maintains on appeal that this portion of Dr. Hyde's testimony also lacked a factual basis in record evidence and was speculative in the absence of testimony from Dr. Beaghler. Dr. Hai indicated that he reviewed Dr. Sabit's National Practitioner Data Bank report, which was clean in May 2011. Plaintiff requests summons issued. 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. He had no formal training in healthcare administration. Nearly a decade later, this Court considered the statutory privilege in the context of a medical malpractice action involving a negligent-credentialing theory. Sabit and Suleiman was a necessary element of the negligent-credentialing claim. (DeNinno, Andrew) (Entered: 06/13/2022), (#14) WAIVER OF SERVICE Returned Executed. & Med. 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. By October 2012, Dr. Sabit was falsely reporting in his records that plaintiff had a complete resolution of her symptoms. at 667-669, 584 N.W.2d 747. 661, 663-664, 584 N.W.2d 747 (1998). Rakesh Ramakrishnan, M.D., P.C. Counsel for Allstate are ordered to serve a copy of this Order and the simultaneously issued Protective Order on Chase no later than Mar ch 16, 2022. 22 0 obj Plaintiff testified that Dr. Suleiman referred her to Dr. Sabit on January 11, 2012, for severe back pain. %PDF-1.4 Recognizing the precedent established in Attorney General and Dye , this Court again confirmed in Johnson v. Detroit Med. PLAINTIFF DID NOT ESTABLISH A PRIMA FACIE CASE FOR NEGLIGENT CREDENTIALING BASED ON ADMISSIBLE EVIDENCE. 17 0 obj 2023-02-22. In 2011, Dr. 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. between Awaisi on behalf of Orthopedic, Melissa El Khoury, and Jiab Suleiman, D.O.). Ctr. <> And the best part of all, documents in their CrowdSourced Library are FREE! Reversed and remanded for entry of judgment in favor of SIM. Dr. Beaghler provided a written response after the release was returned. SIM argued that a fair trial on the negligent-credentialing claim was impossible after the jury had been inundated with harsh criticisms of Dr. Sabit and implications that plaintiff had been left abandoned at SIM, unprotected and abused while she slept under anesthesia. Id. In the first, SIM moved for separate trials with respect to the negligent-credentialing claim against it and the medical malpractice claims against Drs. 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. Dr. Kenneth Lock testified that he was the medical director and chair of the medical executive committee at SIM in 2011. We have found at least 1 Lawsuit, Lien, or Bankruptcy We have found at least 1 Court Record. 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. See Kelly v. Builders Square, Inc. , 465 Mich. 29, 38, 632 N.W.2d 912 (2001). ID 797-807); and (3) at step five of the five-step analysis found at 20 C.F.R. <> 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. Plaintiff filed this lawsuit in 2016 after learning from another neurosurgeon that the described procedures were not actually performed. at 157-158, 908 N.W.2d 319 (vacating judgment on a jury verdict when the trial court restricted questions regarding the genuineness and reliability of key evidence); Miller , 244 Mich.App. at 165-166, 369 N.W.2d 826. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> Generally, medical malpractice claims require expert testimony regarding the appropriate standard of care and causation. 17000 Executive Plaza Dr Ste 101, Dearborn, MI 48126-2793. Responding to this type of inquiry, a hospital would generally summarize information without providing a detailed explanation of everything in Dr. Sabit's record. SIM called only one defense witness: Dr. Mahmood Hai, one of SIM's founders and the executive director and president of the board of directors. The practitioner's primary taxonomy code is 207X00000X with license number 5101013467 (MI). 13 0 obj SIM argues that this was not an appropriate basis for Dr. Hyde's testimony because Dr. Beaghler's letter was part of the inadmissible credentialing file and, even if the credentialing file had been admissible, the statements in Dr. Beaghler's letter were inadmissible hearsay. Voir dire must be calculated to facilitate that purpose. (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. Under MRE 703, "[t]he facts or data in the particular case upon which an expert bases an opinion or inference shall be in evidence." EMG studies suggested a possibility of permanent nerve damage. at 667, 673, 584 N.W.2d 747. Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022). Noel Dorsey tells 7 action news she was betrayed by the same. 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." Phone: (313) 792-8350. Check all background information that MyLife has gathered. waiver sent on 6/10/2022, answer due 8/9/2022. Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 17>> 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. During the surgery, Dr. Jagannathan was able to confirm that none of the procedures described in Dr. Sabit's operative report had actually been done. The evidence was otherwise insufficient to meet plaintiff's burden of proof regarding the standard of care and proximate cause. 27 Apr 2023 20:07:35 Of the nearly 20 motions in limine filed by the parties, only two have particular relevance to the issues on appeal. 490, 493-494, 513 N.W.2d 179 (1994). (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. Feyz v. Mercy Mem. 2:2021cv10985 - Document 63 (E.D. 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. 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.". 349759). Public Records Policy. Prior to that, he completed a master's degree in biology at the University of Cincinnati and an undergraduate degree from Ohio State University. Leslie v. Allen-Bradley Co., Inc. , 203 Mich.App. SIM also argues that it was entitled to JNOV because Michigan does not recognize negligent credentialing as a cause of action. Although she did not work at SIM when Dr. Sabit applied, DeBeaudry reviewed his file in connection with this case. That evidence should have been excluded. 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. Premier Orthopedics 17000 Executive Plaza Dr Ste 101 Dearborn, MI 48126. Phone: (313) 583-3230. When asked why he did not inquire about issues other than the purported rule violations, Dr. Albert J. Dib and Barbara H. Goldman for Noel Dorsey. Co. of America , 237 Mich.App. See Dorsey v. Surgical Institute of Mich. LLC , unpublished order of the Court of Appeals, entered May 6, 2020 (Docket No. 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. Moore v. Detroit Entertainment, LLC , 279 Mich.App. CMH required Dr. Sabit to execute an extensive release before it would disclose any information. Under the circumstances, we will therefore discuss aspects of the credentialing file in this opinion. Signed by District Judge George Caram Steeh. 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. 636c and FRCP 73. 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. After seeing Dr. Beaghler's letter, the board of directors decided to interview Dr. Sabit in person to determine what happened at CMH. But there is no evidence of any such stipulation in the record. Licenses and Affiliations 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). " See MCL 600.2169(1) ; MCR 2.116(C)(10) ; Nelson v. American Sterilizer Co. , 223 Mich.App. 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. Aria Omar Sabit performed on plaintiff, Noel Dorsey, at SIM on February 8, 2012. Id. That was not true, and she continued to feel pain months later. In a memorandum dated May 10, 2018, OWCP noted that it would obtain a new impartial 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. More Info Extra Phones. During his investigation of this case, Dr. Hyde discovered why CMH suspended Dr. Sabit. Still University, School of Osteopathic Medicine in Arizona Class of 1997 Certifications & Licensure MI State License 1999 - 2024 2022-03-22, U.S. District Courts | Contract | Dr. Dr. Sabit reported that he previously had staff privileges at CMH, so a reference request was sent there. However, it still made findings regarding plaintiff's damages for purposes of the directed verdict against Dr. Sabit. Hecht v. Nat'l Heritage Academies, Inc. , 499 Mich. 586, 604, 886 N.W.2d 135 (2016) (citations omitted). 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. Find information about and book an appointment with Dr. Jiab H Suleiman, DO in Dearborn, MI, Canton, MI. 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. RT @Mrs_K_Suleiman: #PrinceHarry lawsuit against newspaper publisher set for May trial | Reuters DO NOT forget that Charles and William were very keen to find out how Harry's lawsuit was going.because it affects them but how deep does it affect them? MCR 2.511 sets forth the procedures for jury selection, including the process of exercising challenges for cause or peremptorily. Plaintiff's counsel drew Dr. SPINE PHYSICIANS GROUP, PLLC, JIAB HASAN SULEIMAN, and JIAB SULEIMAN, D.O., PC, doing business as PREMIER ORTHOPEDICS, Defendants. See Mitchell , 321 Mich.App. Aetna; Humana; Help Improve Healthgrades (DeNinno, Andrew) (Entered: 06/20/2022), (#15) WAIVER OF SERVICE Returned Executed. Providers Overview Location Reviews. Questions Post Question There are no questions yet for this company. (DeNinno, Andrew) (Entered: 06/13/2022), DocketA United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. impairment. (DeNinno, Andrew) (Entered: 06/20/2022), Docket(#15) WAIVER OF SERVICE Returned Executed. 19 0 obj at 321, 602 N.W.2d 633. "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. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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. Hyde opined that it was a gross violation of the credentialing process to rely on Dr. Sabit to clarify the details of Dr. Beaghler's disclosures, especially after Dr. Sabit made material misrepresentations in his application. Plaintiff continued to have persistent pain and was treating with one of Dr. Jagannathan's colleagues, a pain-management specialist. Licenses and Affiliations <> See MCL 333.20101(2) and MCL 333.21501(2). "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." Lock's explanations about various pieces of information that were not appropriately acted upon made it clear that he did not know the credentialing process. Other - Racketeer Influenced & Corrupt Organizations Act, Allstate Property and Casualty Insurance Company, Allstate Fire and Casualty Insurance Company, Executive Ambulatory Surgical Center, LLC, (#22) STIPULATED ORDER Extending time for Defendant Rakesh Ramakrishnan and Defendant Rakesh Ramakrishnan, M.D., P.C. We agree. endobj (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#14) WAIVER OF SERVICE Returned Executed. 2:22-CV-12736 | 2022-11-10, U.S. District Courts | Contract | <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 10>> Under MCL 333.21513 : Under both MCL 333.21513(c) and MCL 333.20813(c), the hospital and freestanding surgical outpatient facility, respectively, must ensure that professionals are only granted privileges consistent with their training, experience, and other qualifications. Instead, he wrote to Dr. Sabit to ask for clarification regarding the allegation of bylaw or rule violations. Additionally, Allstate's Motion for Leave to File a Sur-Reply, [Dkt. View court, arrest, criminal/conviction records, Lawsuits, Liens, Bankruptcies & sex offender status for Jiab Suleiman. However, the court found no evidence that SIM intentionally destroyed evidence and therefore denied the motion for sanctions. During discovery, plaintiff filed a motion to compel asserting that SIM failed to produce certain requested documents, including Dr. Sabit's application for privileges, credentialing reviews conducted by SIM with respect to Dr. Sabit, and other documents demonstrating that Dr. Sabit was appropriately trained and licensed. The letter requested a written response, but there was no written response from Dr. Sabit in the credentialing file. The goal of statutory interpretation is to give effect to the Legislature's intent, as discerned from the plain language of the statute. to Respond to Complain by 9/09/2022.