16 0 obj Although evidentiary errors are not ordinarily grounds for reversal, such relief is appropriate when "a substantial right of a party is affected and it affirmatively appears that failure to grant relief is inconsistent with substantial justice." 1, 14. 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 Court observed that the Public Health Code imposed a duty on the owner, operator, and governing body of a hospital to. Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022), U.S. District Courts | Other | endobj Freestanding surgical outpatient facility does not include a surgical outpatient facility owned and operated as part of a hospital." . He received his Medical degree from Kirksville College of Medicine in Missouri. CMH responded with a request for Dr. Sabit to sign a comprehensive release permitting disclosure of information. Questions Post Question There are no questions yet for this company. We therefore conclude that the judgment against SIM must be reversed. From his response and the rest of the credentialing file, the board of directors saw no reason to follow up with Dr. Beaghler. 7 0 obj (DeNinno, Andrew) (Entered: 06/27/2022), Docket(#16) CERTIFICATE of Service/Summons Returned Executed. 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. Over SIM's objection, Dr. Hyde was also permitted to testify about the reasons for Dr. Sabit's suspension, which he discovered in an opinion issued by the California Court of Appeals in 2015. Lewis , 258 Mich.App. endobj Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. See Mitchell , 321 Mich.App. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 6>> endobj Allstate Insurance Company et al v Ayman Tarabishy, MC., PLLC et al, Augustine v. Allstate Insurance Company et al, ATLANTIC WELLNESS CENTER INC A/A/O TIMOTHY CROSSON V. ASMI AUTO INSURANCE COMPANY, Executive Ambulatory Surgical Center, LLC et al v. Allstate Insurance Company, Executive Ambulatory Surgical Center, LLC v. State Farm Mutual Automobile Insurance Company, Patriot Disaster Specialist, LLC v. Allstate Property and Casualty Insurance Company, KRAMER, GLENN V ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY V LAMPERT, MIRIAM, RISHDI FAYYAD ASAM VS SYNTHIA IBANEZ AND ALLSTATE FIRE AND CASUALTY INSURANCE COMAPNY, Yvette Lee Schultz, and Jeslyn Kali Gonzalez Minjares VS Drae Frescas and Allstate Fire and Casualty Insurance Company, SMART GLASS CALIBRATIONS LLC DBA ADAS360 AAO MARYvs. MCR 2.611(A)(1)(a). 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. If you do not agree with these terms, then do not use our website and/or services. endobj By 2015, she forced herself to return to work for financial reasons and found flexible employment that allowed her to make $25,500 that year. Dr. Jiab Suleiman, DO - Dearborn, MI | Orthopaedic Surgery - Doximity 1963, art. Although it was possible that the allegations were not credible, SIM needed to follow up with CMH. 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. SIM responded that the credentialing file was privileged and protected from disclosure under MCL 333.21515. Internal Medicine. endobj The letter requested a written response, but there was no written response from Dr. Sabit in the credentialing file. Yes, Dr. Jiab H. Suleiman is accepting new patients at this office. Dr.. (Internal quotation marks supplied.). Plaintiff believed her recovery from the March 24, 2016 surgery progressed as expected. Of the nearly 20 motions in limine filed by the parties, only two have particular relevance to the issues on appeal. SIM's second motion in limine asked the court to strike plaintiff's expert in credentialing and physician privileges, Dr. John Charles Hyde, II. (Young, Barrett) (Entered: 07/19/2022), (#17) CERTIFICATE of Service/Summons Returned Executed. Lock did not recall ever seeing Dr. Sabit's response. 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. [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. In Attorney General v. Bruce , 422 Mich. 157, 369 N.W.2d 826 (1985), our Supreme Court considered whether records from a hospital's peer-review committee could be compelled pursuant to an investigative subpoena. Dr. Hyde's testimony regarding that matter was therefore improper under MRE 703. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY. See also Westland v. Okopski , 208 Mich.App. However, it still made findings regarding plaintiff's damages for purposes of the directed verdict against Dr. Sabit. 17 0 obj The eight-day jury trial began on October 9, 2018, with the first five days devoted exclusively to the medical malpractice claims against Drs. Jiab Suleiman, DO, PC in Dearborn, MI received a Paycheck Protection Loan of $168,200 through Citizens Bank, National Association, which was approved in April, 2020. Executive Ambulatory Surgical Center, LLC waiver sent on 6/10/2022, answer due 8/9/2022. PPP Loan Data Jiab Suleiman, DO, PC, Dearborn, MI - FederalPay 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. 2:23-CV-00410 | 2023-02-01, Palm Beach County 15th Judicial Circuit Courts | Contract | <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 16>> endobj After closing arguments were presented on behalf of plaintiff and Dr. Suleiman, SIM orally moved for separate juries. at 666-667, 584 N.W.2d 747. 23 0 obj SIM also argued that it could not be held jointly and severally liable for Dr. Sabit's actions under MCL 600.6304(6) because the respective liabilities arose from acts and omissions that differed in time, place, and type. The judgment includes detailed calculations of each category of damages, interest, setoffs, and present-value reductions, resulting in a total judgment of $1,284.995.78. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 3>> According to SIM's bylaws, the medical director was responsible for making recommendations to the board of directors regarding all applicants for staff privileges. Jiab Suleiman D.O., P.C. Dr. 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. 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. With respect to summary suspensions, Dr. (Compston, Brad) (Entered: 06/08/2022), (#2) NOTICE of Appearance by Nathan Tilden on behalf of All Plaintiffs. Thus, we reverse and remand for entry of judgment in favor of SIM. Id. Chart of Patients and Treatment Bill, Exhibit 3 - Jiab Suleiman D.O., P.C. We review de novo a trial court's decision regarding a motion for JNOV. Dorsey v. Surgical Institute of Michigan, LLC. 8 0 obj Evidentiary rulings are generally reviewed for an abuse of discretion, Mueller , 323 Mich.App. Assuming that a negligent-credentialing theory may be asserted, it falls within the scope of a medical malpractice claim, because it arises from action occurring in the scope of a professional relationship and raises questions of judgment beyond common knowledge and experience. On November 14, 2018, plaintiff moved for entry of a judgment against SIM, Dr. Sabit, and MBSPG, jointly and severally. at 162, 369 N.W.2d 826. See Attard , 237 Mich.App. <> %PDF-1.4 Instead, he wrote to Dr. Sabit to ask for clarification regarding the allegation of bylaw or rule violations. We have found at least 1 Lawsuit, Lien, or Bankruptcy We have found at least 1 Court Record. Lock explained that he did not make a recommendation regarding Dr. Sabit and was not involved in the vote regarding his application. The vast majority of Dr. Hyde's testimony focused on the implications of Dr. Beaghler's disclosures and Dr. Hyde's belief that the nature of the disclosures required further investigation. 12 0 obj 19 0 obj A trial court's evidentiary rulings are generally reviewed for an abuse of discretion, but preliminary questions of law are reviewed de novo. AboutJiab Suleiman, DO. 384, 394, 772 N.W.2d 57 (2009). UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 2023-02-22, Orange County Florida Courts | Small Claim | Sabit and Suleiman. That evidence should have been excluded. 4 at 28.] Jiab Suleiman, DO is an orthopedic surgeon who practices at Jiab Suleiman, DO Practice located at 2050 N Haggerty Rd in Canton, MI 48187 (Wayne County). Cancellation and Refund Policy, Privacy Policy, and Hazel Park Medical Center. Even so, Dr. (DeNinno, Andrew) (Entered: 06/20/2022), Docket(#15) WAIVER OF SERVICE Returned Executed. See Johnson , 291 Mich.App. Dr. Jiab Suleiman, DO, Orthopedic Surgery Specialist - Sharecare Jiab Suleiman, D.o., P.c. He is affiliated with medical facilities such as Garden City Hospital and Beaumont Hospital Taylor. Rakesh Ramakrishnan, M.D., P.C. Biomolecular Integrations, Inc. served on 6/23/2022, answer due 7/14/2022. endobj By October 2012, Dr. Sabit was falsely reporting in his records that plaintiff had a complete resolution of her symptoms. The first, presumably original, copy did not have the underlining reflected in the above quotation. PDF United States Court of Appeals for The Sixth Circuit Providers Overview Location Reviews. Damages Chart, #13 Exhibit 12 - New Clear Images, LLC Damages Chart, #14 Exhibit 13 - Biomolecular Integrations, Inc. The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. SIM therefore asked Dr. Sabit to respond in writing to address that issue. 1. During his investigation of this case, Dr. Hyde discovered why CMH suspended Dr. Sabit. Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. But even if SIM's credentialing file regarding Dr. Sabit was not protected by MCL 333.21515, it was clearly privileged under MCL 333.20175(8). Id. Dr. Hai also opined that if SIM had denied Dr. Sabit's application, it would not have caused his privileges elsewhere to be revoked. (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. 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). 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). Fax: (313) 565-4989. See Dorsey v. Surgical Institute of Mich. LLC , unpublished order of the Court of Appeals, entered May 6, 2020 (Docket No. Because the disclosures in Dr. Beaghler's letter were not offered to prove the truth of those statements, the disclosures were not inadmissible hearsay. 1 0 obj 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. EIN for organizations is sometimes also referred to as taxpayer identification number or TIN. Premier Orthopedics is a provider established in Dearborn, Michigan operating as a Orthopaedic Surgery. Plaintiff testified that, in reality, she felt no improvement. 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 testified that Dr. Suleiman referred her to Dr. Sabit on January 11, 2012, for severe back pain. Dr. Hyde opined that the combination of these disclosures should have prompted SIM to do a very thorough investigation before granting Dr. Sabit privileges. sponsers an employee benefit plan and files Form 5500-SF short form annual return/report. Id. THE CREDENTIALING FILE WAS ADMITTED IN ERROR. , 291 Mich.App. SIM responded that it was a health facility, as set forth in MCL 333.20175(8), and entitled to the protections afforded by statute. Sabit and Suleiman. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 0>> (DeNinno, Andrew) (Entered: 06/08/2022), Docket(#3) NOTICE of Appearance by Brad Compston on behalf of All Plaintiffs. We need not decide the first issue because we concludeeven assuming that a negligent-credentialing theory may be pursued and construing the evidence and all legitimate inferences in the light most favorable to plaintiffthat plaintiff failed to establish the standard of care and proximate causation and that SIM is accordingly entitled to entry of JNOV. 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. PDF United States Department of Labor Employees Compensation Appeals - DOL Nearly all of the testimony offered during the negligent-credentialing portion of the trial related to the contents of the credentialing file, primarily Dr. Beaghler's letter and SIM's reaction to it. ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named CRESCENT HOLDINGS LLC Search All Michigan Companies , it could not rely on the confidentiality provision in MCL 333.21515. Accordingly, the file was not subject to discovery and should not have been admitted at trial. Rather, the logical significance of the letter was the effect the disclosures had on SIM's decision to grant Dr. Sabit privileges. Plaintiff continued to have persistent pain and was treating with one of Dr. Jagannathan's colleagues, a pain-management specialist. Instead, the privilege established by MCL 333.21515 extends to "records, data and knowledge collected for or by individuals or committees assigned a review function described in this article ." The article referenced in this provision is Article 17, which governs a wide variety of health facilities or agencies, including freestanding surgical outpatient facilities. 3-2.] The trial court agreed and granted a directed verdict with respect to the standard of care, breach of the standard of care, and causation. Insurance Check. B249793), p. 1, 2015 WL 1954590 (alteration in original). 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. Jiab Suleiman, DO PC, Canton, MI - Healthgrades 17000 Executive Plaza Dr Ste 101, Dearborn, MI 48126-2793. 5 0 obj 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. (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. Dr. Sabit told her that she needed surgery, specifically, a lumbar fusion and laminectomy. 576, 583, 505 N.W.2d 27 (1993). 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. Still University, School of Osteopathic Medicine in Arizona Class of 1997 Certifications & Licensure MI State License 1999 - 2024 490, 493-494, 513 N.W.2d 179 (1994). Why is this public record being published online? In fact, her continuing back pain left her unable to work throughout most of 2011 through 2014. The question before this Court is whether the materials gathered by a freestanding surgical outpatient facility in the process of determining whether to grant privileges to an applicant are entitled to either or both statutory privileges. To resolve the conflict, OWCP referred appellant to Dr. Jiab Suleiman, a Board-certified orthopedic surgeon, for an impartial medical examination. He graduated from At Still University Health Sciences/Kirksville College Of Osteopathic Medicine in 1997. waiver sent on 6/10/2022, answer due 8/9/2022. Dr. Jiab H Suleiman, DO - Dearborn, MI - Hip and Knee Orthopedic 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 Granting in Part, Denying in Part Motion to Strike Reports (Ecf Under the circumstances, we will therefore discuss aspects of the credentialing file in this opinion. 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. 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. 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. Dr. Hyde believed the information would be within the scope of the comprehensive release CMH required before its initial disclosure. Moreover, while Dr. Beaghler demonstrated reluctance to participate in this litigation, any inquiries SIM made in 2011 would have been as part of the credentialing process. See Feyz , 475 Mich. at 681, 719 N.W.2d 1, citing MCL 331.531. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 7>> 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. 21 0 obj Ctr. & Med. 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. SIM acknowledged that the trial court had already denied a motion in limine from Dr. Suleiman regarding the same issue, but asked it to revisit the issue because MCL 333.20175(8) provided a statutory privilege protecting credentialing files from use at trial. Aetna; Humana; Help Improve Healthgrades Plaintiff first called Elaine DeBeaudry as an adverse or hostile witness. Freestanding surgical outpatient facility means a facility, other than the office of a physician, dentist, podiatrist, or other private practice office, offering a surgical procedure and related care that in the opinion of the attending physician can be safely performed without requiring overnight inpatient hospital care. is 010719076. (Young, Barrett) (Entered: 07/19/2022), Docket(#17) CERTIFICATE of Service/Summons Returned Executed. 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. In the midst of trial, SIM also filed a written motion in limine to exclude its credentialing file from evidence. See Fedorinchik v. Stewart , 289 Mich. 436, 438-439, 286 N.W. [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. endobj Dr. Hai summarized: "[Dr. Sabit] had been practicing for 7, 8 years. DeBeaudry agreed that SIM sent a letter to Dr. Sabit to inquire about some of the issues disclosed by Dr. Beaghler. See Mitchell v. Kalamazoo Anesthesiology, PC , 321 Mich.App.
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