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. Education & Training A.T. He cleaned . Plaintiff's back pain persisted after the procedure. 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. 19 0 obj By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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. , it could not rely on the confidentiality provision in MCL 333.21515. We review de novo a trial court's decision regarding a motion for JNOV. Id. Restaurants & Taverns LLC , 323 Mich.App. She did not consider herself an expert in credentialing, but she was knowledgeable about preparing or gathering documentation for credentialing purposes. However, it still made findings regarding plaintiff's damages for purposes of the directed verdict against Dr. Sabit. 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. Dr. Jagannathan testified that he first consulted with plaintiff on March 10, 2016. In summary, the trial court improperly ordered the production and admission of SIM's credentialing file. During his investigation of this case, Dr. Hyde discovered why CMH suspended Dr. Sabit. Plaintiff first called Elaine DeBeaudry as an adverse or hostile witness. Plaintiff claims that "Dr. Beaghler's letter to SIM was admitted by stipulation, in lieu of the attorneys [sic] traveling to California to attempt to depose him." He had no formal training in healthcare administration. 144, 157-158, 908 N.W.2d 319 (2017) ; Lewis v. LeGrow , 258 Mich.App. 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. Comm. 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. 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). 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. Sabit submitted an application for surgical privileges at SIM on or about April 29, 2011. 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). (DeNinno, Andrew) (Entered: 06/08/2022), (#3) NOTICE of Appearance by Brad Compston on behalf of All Plaintiffs. endobj SIM's second motion in limine asked the court to strike plaintiff's expert in credentialing and physician privileges, Dr. John Charles Hyde, II. Next to each of these awards, the verdict form included a notation that said, "+12%." In pertinent part, the opinion states that on December 3, 2010, CMH informed Dr. Sabit "that it was summarily suspending his provisional staff privileges at the Hospital to protect the life or well-being of patients [and] to reduce imminent danger to the life, health or safety of any person. " Sabit v. Abou-Samra , unpublished opinion of the California Court of Appeals for the Second District, issued April 30, 2015 (Docket No. endobj 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. 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. 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. 2023-02-22, El Paso County Courts | Personal Injury | According to SIM, although the trial court had previously determined that a similar statutory privilege for peer-review materials did not apply to SIM because it was not a hospital, MCL 333.20175(8) applied to ambulatory surgical centers like SIM. Allstate Insurance Company et al v. Executive Ambulatory Surgical Plaintiff's counsel drew Dr. 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. 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. 165, 168, 804 N.W.2d 754 (2010), that "a credentialing committee is a peer review committee" to which a privilege is afforded. SIM also argues that it was entitled to JNOV because Michigan does not recognize negligent credentialing as a cause of action. Id. SIM's credentialing file contained two copies of this letter. ID 797-807); and (3) at step five of the five-step analysis found at 20 C.F.R. 175, 200, 670 N.W.2d 675 (2003) ; Miller v. Hensley , 244 Mich.App. Allstate Insurance Company et al v. Executive Ambulatory Surgical Sabit and Suleiman. When a trial court errs with respect to critical evidence, the error cannot be deemed harmless. Most of Dr. Hyde's testimony was therefore premised on facts that were not properly in evidence. Questions Post Question There are no questions yet for this company. Dr. Jiab Suleiman may order tests like X-rays, CT scan, MRI for correct diagnosis. Dr. Hyde explained that he came across an opinion from Dr. Sabit's lawsuit against CMH, which stated that Dr. Sabit was suspended "to protect the life or wellbeing of patients and to reduce imminent danger to the life, health or safety of any person." Dorsey v. Surgical Institute of Michigan, LLC. ALLSTATE INSURANCE COMPANY et al v. ORTHOPEDIC, P.C. et al 7 0 obj Nearly a decade later, this Court considered the statutory privilege in the context of a medical malpractice action involving a negligent-credentialing theory. But Dr. Hyde's opinion about what Dr. Beaghler would have disclosed upon further inquiry may not necessarily be considered unduly speculative. (Internal quotation marks supplied.). 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. 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. MRE 801(c). , 475 Mich. 663, 680-681, 719 N.W.2d 1 (2006), citing MCL 333.21515 and MCL 333.20175(8). Although it was possible that the allegations were not credible, SIM needed to follow up with CMH. Nothing in the pertinent language of MCL 333.20175(8) suggests that the privilege does not extend to a freestanding surgical outpatient facility exercising the same credentialing-review function under MCL 333.20813(c) that a hospital performs under MCL 333.21513(c). The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DAll) (Entered: 06/09/2022), (#8) SUMMONS Issued for *Biomolecular Integrations, Inc., Executive Ambulatory Surgical Center, LLC, Jiab Suleiman D.O., P.C., New Clear Images, LLC, Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan, Jiab Suleiman, The Surgical Institute of Michigan, LLC * (DAll) (Entered: 06/09/2022), (#7) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by ASMI Auto Insurance Company identifying Corporate Parent The Allstate Corporation for ASMI Auto Insurance Company. (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#14) WAIVER OF SERVICE Returned Executed. Mich. 2022) case opinion from the Eastern District of Michigan US Federal District Court By October 2012, Dr. Sabit was falsely reporting in his records that plaintiff had a complete resolution of her symptoms. 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. 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. Responding to this type of inquiry, a hospital would generally summarize information without providing a detailed explanation of everything in Dr. Sabit's record. Dr. Hyde explained that hospitals commonly provide succinct summaries of information in an initial response to inquiries from other facilities about staff, so the mere fact that Dr. Beaghler did not explain the reasons for the suspension in the May 19, 2011 letter is not conclusive. Jiab H Suleiman, DO: Orthopedic Surgeon Dearborn, MI & Canton, MI 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. Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named CRESCENT HOLDINGS LLC Search All Michigan Companies County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. Plaintiff asserted a . 11 0 obj UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. at 664, 665-666, 584 N.W.2d 747. Jiab Suleiman, DO is an orthopedic surgeon who practices at Premier Orthopedics located at 17000 Executive Plaza Dr in Suite 101 in Dearborn, MI 48126 (Wayne County). waiver sent on 6/10/2022, answer due 8/9/2022. MCR 2.611(A)(1)(a). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 13>> Dr. Damages Chart, #13 Exhibit 12 - New Clear Images, LLC Damages Chart, #14 Exhibit 13 - Biomolecular Integrations, Inc. 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. Receipt No: AMIEDC-8940305 - Fee: $ 402. We therefore need not reach the remaining issues that are raised on appeal. (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. You can find contact information like phone number, practice website, office address and reviews for Dr. Jiab Suleiman on HealthSoul. Boonstra, P.J., and Cavanagh and Gadola, JJ., concurred. x\[o~yQ+M6M(vM33| E_dH%Qp83$}OQ{:>|=?::_zG7;GwOS,z>;>=a_8`?q3xp0x'9|Jw{=>~4"*uo#^#LQaIu$5VSbYRxQ <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 11>> 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. 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. Dr. Kenneth Lock testified that he was the medical director and chair of the medical executive committee at SIM in 2011. Juliet James on Twitter: "RT @Mrs_K_Suleiman: #PrinceHarry lawsuit 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. Questions Post Question There are no questions yet for this company. SIM's credentialing file regarding Dr. Sabit was protected by a statutory peer-review privilege under MCL 333.20175(8) and MCL 333.21515. In a memorandum dated May 10, 2018, OWCP noted that it would obtain a new impartial Dr. Jagannathan was still hopeful that she would continue to improve. With respect to future damages, the jury also awarded plaintiff $5,000 per year from 2018 to 2055 for noneconomic damages, $18,000 per year from 2018 to 2055 for medical expenses, and $40,000 per year from 2018 to 2039 for loss of earning capacity. 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). It appears that hospitals and other health facilities and agencies commonly share information about a physician's history for credentialing purposes even when they would not do so in the context of litigation, so much so that the Legislature has granted immunity for such disclosures. endobj Dr. Sabit told the board he was suspended because of problems with medical records, which the board considered acceptable. MCR 2.611(A)(1) sets forth the grounds upon which a jury verdict may be set aside and a new trial granted. 18 0 obj Neither Dr. Sabit nor MBSPG filed timely answers, and defaults were entered against both defendants on March 17, 2017which are not at issue in this appeal. Before: BOONSTRA, P.J., and CAVANAGH and GADOLA, JJ. Jiab Suleiman - Facebook <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 6>> 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. Although Dr. Beaghler's letter was not automatically inadmissible on this basis, see Dye , 230 Mich.App. Ctr. The trial court denied SIM's motion, but declared that only evidence that was or should have been available at the time of SIM's credentialing decision could be admitted at trial. 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." The employer identification number (EIN) for Jiab Suleiman, D.o., P.c. 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. The trial court erred by compelling its production and admitting it at trial. 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 Bill, Exhibit 3 - Jiab Suleiman D.O., P.C. Additionally, SIM should have assessed Dr. Sabit's application to see if he truthfully disclosed the same issues. Lock explained that he did not make a recommendation regarding Dr. Sabit and was not involved in the vote regarding his application. Lock was not familiar with the significance of a summary suspension, and he did not ask Dr. Sabit to explain that disclosure. See Fedorinchik v. Stewart , 289 Mich. 436, 438-439, 286 N.W. Plaintiff continued to have persistent pain and was treating with one of Dr. Jagannathan's colleagues, a pain-management specialist. We will check for: 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..
Mike Thompson Danger Brothers Obituary,
Catholic Prayer For The Poor And Hungry,
Babylock Soprano Vs Brilliant,
Articles J