jiab suleiman lawsuit

27 Apr 2023 20:07:35 Although Dr. Beaghler's letter was not automatically inadmissible on this basis, see Dye , 230 Mich.App. Jiab Suleiman, DO PC is a medical group practice located in Canton, MI that specializes in Internal Medicine. SIM objected on several grounds, including its assertion that the amounts awarded by the jury for past damages included interest within the stated figures. (Compston, Brad) (Entered: 06/08/2022), (#2) NOTICE of Appearance by Nathan Tilden on behalf of All Plaintiffs. Dr. Jagannathan was still hopeful that she would continue to improve. Jiab Suleiman Rakesh Ramakrishnan Attorney/Law Firm Details Plaintiff Attorneys Brad Compston Attorney at King, Tilden, McEttrick & Brink, P.C. Attard v. Citizens Ins. Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. 2 0 obj at 531-532, 624 N.W.2d 582 (improper admission of police officers testimony about fault for a motor vehicle accident required reversal of judgment). 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. #MyPalaceSource. Find information about and book an appointment with Dr. Jiab H Suleiman, DO in Dearborn, MI, Canton, MI. Licenses and Affiliations Call Dr. Jiab H Suleiman on phone number (313) 565-4948 for more information and advice or to book an appointment. (DeNinno, Andrew) (Entered: 06/08/2022), Docket(#3) NOTICE of Appearance by Brad Compston on behalf of All Plaintiffs. , 200 Mich.App. Because the disclosures in Dr. Beaghler's letter were not offered to prove the truth of those statements, the disclosures were not inadmissible hearsay. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 7>> 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. Further, had the trial court not granted plaintiff's motion to compel discovery of the credentialing file and subsequently denied SIM's motion to strike plaintiff's expert testimony, SIM would have been entitled to judgment as a matter of law before trial even began. Dr. See Crown Technology v. D&N Bank, FSB , 242 Mich.App. 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. This matter arises from a surgery codefendant Dr. This Court found the defendant's position persuasive, agreeing that it was supported by the plain meaning of the statutory privilege. 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 jury determined that SIM negligently credentialed Dr. Sabit and that the negligent credentialing was a proximate cause of plaintiff's injuries. 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. He was never directly employed or compensated by SIM; he merely agreed to help out because SIM had a young, small staff at the time. 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. MCL 333.20106(1)(c) and (f). 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. Article 17 of the Public Health Code generally governs licensing and regulation of health facilities and agencies. THE CREDENTIALING FILE WAS ADMITTED IN ERROR. 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. The practitioner's primary taxonomy code is 207X00000X with license number 5101013467 (MI). Plaintiff had been diagnosed with significant major depression and engaged in counseling, coupled with psychotropic medication, for the last year. 490, 493-494, 513 N.W.2d 179 (1994). Aetna; Humana; Help Improve Healthgrades A trial court's denial of a motion for JNOV is reviewed de novo. 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. He noted disc degeneration at L4-L5 and decided to remove the interspinous plate and replace it, "along with doing the transforaminal lumbar interbody fusion with PEEK structural allograft at L4-[L]5." 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." (quotation marks and citation omitted; alteration in original). 2:21-CV-10985 | 2021-05-03, U.S. District Courts | Contract | To resolve the conflict, OWCP referred appellant to Dr. Jiab Suleiman, a Board-certified orthopedic surgeon, for an impartial medical examination. (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#9) WAIVER OF SERVICE Returned Executed. 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. 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. Id. We review de novo a trial court's decision regarding a motion for JNOV. The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. Bunda v. Hardwick , 376 Mich. 640, 659, 138 N.W.2d 305 (1965), citing Const. And the best part of all, documents in their CrowdSourced Library are FREE! , 475 Mich. 663, 680-681, 719 N.W.2d 1 (2006), citing MCL 333.21515 and MCL 333.20175(8). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 18>> 2023-02-22. 7 0 obj The defendant argued that because the materials were collected by or for its credentialing committee, "which exercise[d] a professional review function," the materials were not discoverable. About Dr. Suleiman Bio 144, 157-158, 908 N.W.2d 319 (2017) ; Lewis v. LeGrow , 258 Mich.App. See Johnson , 291 Mich.App. at 255-256, 865 N.W.2d 908. 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. Phone: (313) 789-5328. A. endobj endobj 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. , 230 Mich.App. The credentialing process that a freestanding surgical outpatient facility performs to satisfy its duty under MCL 333.20813(c) is a review function described and required by Article 17. Reversed and remanded for entry of judgment in favor of SIM. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 10>> Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. Plaintiff also filed a motion to determine the scope of SIM's liability for negligently credentialing Dr. Sabit, arguing that the damages cap applicable to medical malpractice verdicts should not be applied if SIM was found to be vicariously liable for Dr. Sabit's ordinary negligence ("in performing unnecessary, fictitious, and/or incorrect surgery of plaintiff's lumbar spine"), which had been established by default. Why is this public record being published online? endobj 2:22-CV-12736 | 2022-11-10, U.S. District Courts | Contract | Lock explained that "credentialing packet[s]" were processed and given to the board of directors for decision. 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). With respect to past damages, the jury awarded plaintiff $104,000 for noneconomic damages, $104,000 for medical expenses, and $151,656 for loss of earning capacity. Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. Lock believed that his responsibilities as medical director were limited to making sure the board of directors had information to make its own decisions. 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. (Internal quotation marks supplied.). Dr. Hyde believed the information would be within the scope of the comprehensive release CMH required before its initial disclosure. SIM disagreed that Dr. Sabit's default could be imputed to it. About JIAB SULEIMAN, DO, P.C. (DeNinno, Andrew) (Entered: 06/08/2022), (#3) NOTICE of Appearance by Brad Compston on behalf of All Plaintiffs. SIM opposed plaintiff's motions, denying that it removed or destroyed anything from the credentialing file before producing it to plaintiff. Hosp. <> 661, 663-664, 584 N.W.2d 747 (1998). A $25 million lawsuit has been filed against two doctors and a surgery center in Westland for allegedly performing fake surgeries. Insurance Check. The ordeal had taken a toll on plaintiff's marriage, as she struggled with emotional turmoil and could not play much of a role with her family. Providers. 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. SIM responded that it was a health facility, as set forth in MCL 333.20175(8), and entitled to the protections afforded by statute. In a memorandum dated May 10, 2018, OWCP noted that it would obtain a new impartial We agree. Rakesh Ramakrishnan, M.D., P.C. Lock said, "Because I told you, I'm doing this as a helpful basis," and it was up to the board of directors to decide whether to grant privileges. The first, presumably original, copy did not have the underlining reflected in the above quotation. 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." (NAhm) (Entered: 07/22/2022), Docket(#20) NOTICE of Appearance by Theodore R. Eppel on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. Plaintiff replied that MCL 333.21515 afforded protection to hospitals only. to Respond to Complain by 9/09/2022. Dr. Sabit performed the surgery at SIM on February 8, 2012. Rather, the logical significance of the letter was the effect the disclosures had on SIM's decision to grant Dr. Sabit privileges. 3-2.] B. "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." 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. (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. Dr. Suleiman submitted a report dated April 24, 2018, which did not provide an impairment rating. 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. 384, 394, 772 N.W.2d 57 (2009). at 667, 673, 584 N.W.2d 747. (DeNinno, Andrew) (Entered: 06/13/2022), Exhibit 12 - New Clear Images, LLC Damages Chart, Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. Dr. Hai also opined that if SIM had denied Dr. Sabit's application, it would not have caused his privileges elsewhere to be revoked. 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. 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." Thus, SIM argued, the court should strike plaintiff's credentialing expert because his opinions would be speculative and would not have a basis in record evidence. According to SIM's bylaws, the medical director was responsible for making recommendations to the board of directors regarding all applicants for staff privileges. 350 Granite St., Suite 2204 Braintree, MA 02359 Nathan Tilden Attorney at King, Tilden, McEttrick & Brink, P.C. <> 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. Dr. Hyde believed his opinion was reinforced by the deposition testimony of Dr. Kenneth Lock, SIM's medical director in 2011. 22 0 obj 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. Dr. See Mich. Gas Utilities v. Pub. The letter continued, "Specifically, the chief of staff has informed us that you were non-compliant with policies, medical staff bylaws, rules and regulations." Plaintiff requests summons issued. 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. 9 0 obj (DeNinno, Andrew) (Entered: 06/13/2022), (#14) WAIVER OF SERVICE Returned Executed. Chart of Patients and Treatment Billed to, Exhibit 2 - The Surgical Institute of Michigan, LLC Chart of Patients and Treat, Docket(#22) STIPULATED ORDER Extending time for Defendant Rakesh Ramakrishnan and Defendant Rakesh Ramakrishnan, M.D., P.C. MRE 801(c). Because that proffer was based on the contents of the inadmissible credentialing file, the trial court should have granted SIM's motion for summary disposition. 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. (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. (Tilden, Nathan) (Entered: 06/08/2022), Docket(#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Dr. John Charles Hyde, II, testified as an expert for plaintiff in credentialing and physician privileges. Nonetheless, she still struggled to get out of bed every day and her husband took over a majority of household upkeep and child-rearing responsibilities. Plaintiff's complaint also raised claims against Dr. Jiab Hasan Suleiman and his practice, Jiab Suleiman, D.O., PC, doing business as Premier Orthopedics. We agree. Damages Chart, #13 Exhibit 12 - New Clear Images, LLC Damages Chart, #14 Exhibit 13 - Biomolecular Integrations, Inc. endobj Lock did not recall ever seeing Dr. Sabit's response. Aria Omar Sabit performed on plaintiff, Noel Dorsey, at SIM on February 8, 2012. In their supplemental briefing, plaintiff argued that the trial court was obligated to ascertain and implement the jury's intent, which was to add 12% precomplaint interest to the amounts awarded for past damages, while SIM argued that it was impossible to harmonize the jury's attempt to award precomplaint interest with its failure to designate which portion of past damages were attributed to the precomplaint time frame. at 666-667, 584 N.W.2d 747. 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. endobj Executive Ambulatory Surgical Center, LLC et al v. Allstate Fire and Casualty Insurance Company, No. Id. Receipt No: AMIEDC-8940305 - Fee: $ 402. Bynum v. ESAB Group, Inc. , 467 Mich. 280, 283, 651 N.W.2d 383 (2002). 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. Dr. Beaghler provided a written response after the release was returned. waiver sent on 6/10/2022, answer due 8/9/2022. Indeed, SIM filed a pretrial motion for summary disposition with respect to plaintiff's negligent-credentialing claim. (DeNinno, Andrew) (Entered: 06/27/2022), Docket(#16) CERTIFICATE of Service/Summons Returned Executed. Jiab Suleiman specializes in diagnosis and treatment of orthopedic problems like arthritis, fractures, back pain. at 664, 665-666, 584 N.W.2d 747. This Court has held that "there is no different standard of review regarding [a] summary disposition motion, [a] motion for a directed verdict, and [a] JNOV motion" when there is no "genuine and material difference" in the evidence underlying each motion. SIM therefore asked Dr. Sabit to respond in writing to address that issue. (Geroux, Debra) (Entered: 07/19/2022), (#18) NOTICE of Appearance by Barrett Young on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. Most of Dr. Hyde's testimony was therefore premised on facts that were not properly in evidence. SIM's second motion in limine asked the court to strike plaintiff's expert in credentialing and physician privileges, Dr. John Charles Hyde, II. (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#13) WAIVER OF SERVICE Returned Executed. 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. 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. Plaintiff's counsel drew Dr. 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. 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. at 667-669, 584 N.W.2d 747. endobj In 2011, Dr. The evidence was otherwise insufficient to meet plaintiff's burden of proof regarding the standard of care and proximate cause. EMG studies suggested a possibility of permanent nerve damage. The applicability of MCL 333.21515 presents a closer question. 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. endobj <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 15>> <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 13>> SIM argues that it is entitled to JNOV because of the improper admission of the credentialing file. endobj 4 0 obj See other contact addresses. Dye v. St. John Hosp. After closing arguments were presented on behalf of plaintiff and Dr. Suleiman, SIM orally moved for separate juries. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 0 Ratings. We therefore need not reach the remaining issues that are raised on appeal. Rakesh Ramakrishnan, M.D., P.C. Facebook gives people the power to share and makes the world more open and connected. Plaintiff first called Elaine DeBeaudry as an adverse or hostile witness. 19 0 obj As such, the peer-review privilege in MCL 333.21515 applies to SIM. endobj s -e5-l5h++9 Plaintiff continued to have persistent pain and was treating with one of Dr. Jagannathan's colleagues, a pain-management specialist. 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? Specialties. Dr. Id. MCR 2.611(A)(1)(a). We have found at least 1 Lawsuit, Lien, or Bankruptcy We have found at least 1 Court Record. CMH responded with a request for Dr. Sabit to sign a comprehensive release permitting disclosure of information. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> Although there were several entries regarding Dr. Sabit, none of them were recorded before SIM granted Dr. Sabit privileges. 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. Thus, we reverse and remand for entry of judgment in favor of SIM. (Young, Barrett) (Entered: 07/19/2022), Docket(#17) CERTIFICATE of Service/Summons Returned Executed. 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. 2023-02-22, El Paso County Courts | Personal Injury | 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. During his investigation of this case, Dr. Hyde discovered why CMH suspended Dr. Sabit. CMH required Dr. Sabit to execute an extensive release before it would disclose any information. Dr. Sabit was suspended on December 3, 2010, so the information was part of his record with CMH at the time SIM was considering his application for privileges. best dorms at duquesne university, crime reports norfolk, va,

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