at 667, 673, 584 N.W.2d 747. Education & Training A.T. Plaintiff followed up with Dr. Sabit, and his office notes indicated that she had an excellent result and felt great. (DeNinno, Andrew) (Entered: 06/08/2022), Docket(#4) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Allstate Insurance Company identifying Corporate Parent The Allstate Corporation for Allstate Insurance Company. "This Court reviews for an abuse of discretion a trial court's ultimate decision whether to grant a new trial, but considers de novo any questions of law that arise." , 230 Mich.App. (DeNinno, Andrew) (Entered: 06/13/2022), Exhibit 12 - New Clear Images, LLC Damages Chart, Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. Sabit and Suleiman. Thus, we reverse and remand for entry of judgment in favor of SIM. PPP Loan Data Jiab Suleiman, DO, PC, Dearborn, MI - FederalPay ", Dr. Hai did not believe that anything in Dr. Beaghler's letter was alarming or justified denying Dr. Sabit's application for privileges. "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." Dr. Hai questioned why Dr. Beaghler would not have indicated that Dr. Sabit was suspended for patient-safety concerns if that was the true reason. Yes, Dr. Jiab H. Suleiman is accepting new patients at this office. <>stream CMH responded with a request for Dr. Sabit to sign a comprehensive release permitting disclosure of information. 1 0 obj When asked why he did not inquire about issues other than the purported rule violations, Dr. See Crown Technology v. D&N Bank, FSB , 242 Mich.App. Dr. Hyde opined that the combination of these disclosures should have prompted SIM to do a very thorough investigation before granting Dr. Sabit privileges. Find information about and book an appointment with Dr. Jiab H Suleiman, DO in Dearborn, MI, Canton, MI. Id. 2023-02-22. The goal of statutory interpretation is to give effect to the Legislature's intent, as discerned from the plain language of the statute. The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. We will check for: , 475 Mich. 663, 680-681, 719 N.W.2d 1 (2006), citing MCL 333.21515 and MCL 333.20175(8). , 291 Mich.App. Lock explained that he did not make a recommendation regarding Dr. Sabit and was not involved in the vote regarding his application. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 17>> We do not retain jurisdiction. She underwent surgery with Dr. Jagannathan on March 24, 2016, and had not been able to return to work since then. (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. Allstate Insurance Company et al v. Executive Ambulatory Surgical To the contrary, when plaintiff attempted to depose Dr. Beaghler and sent a notice requesting production of the May 19, 2011 letter and other documents, Dr. Beaghler refused to comply with the request. 5 ], is DENIED AS MOOT. 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. between Awaisi on behalf of Orthopedic, Melissa El Khoury, and Jiab Suleiman, D.O.). Dr. Kenneth Lock testified that he was the medical director and chair of the medical executive committee at SIM in 2011. 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." & Med. endobj endobj We have found at least 1 Lawsuit, Lien, or Bankruptcy We have found at least 1 Court Record. Id. SIM therefore asked Dr. Sabit to respond in writing to address that issue. Dr. Hyde opined that SIM's decision-makers were "totally uninformed," and if Dr. Sabit had been properly vetted, there would have been no basis to grant him privileges. (Young, Barrett) (Entered: 07/19/2022), (#17) CERTIFICATE of Service/Summons Returned Executed. endobj EIN 01-0719076 - Jiab Suleiman, D.o., P.c., Dearborn, Michigan Bunda v. Hardwick , 376 Mich. 640, 659, 138 N.W.2d 305 (1965), citing Const. Nearly a decade later, this Court considered the statutory privilege in the context of a medical malpractice action involving a negligent-credentialing theory. On September 2, 2021, Suleiman faxed a letter to Chase requesting that Chase halt any production of documents pertaining to Suleiman personally or his business account (s), and stating that Suleiman's attorney would be moving to quash the subpoena. Lewis , 258 Mich.App. Leslie v. Allen-Bradley Co., Inc. , 203 Mich.App. To resolve the conflict, OWCP referred appellant to Dr. Jiab Suleiman, a Board-certified orthopedic surgeon, for an impartial medical examination. 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. Responding to this type of inquiry, a hospital would generally summarize information without providing a detailed explanation of everything in Dr. Sabit's record. See MCL 333.20101(2) and MCL 333.21501(2). Dr. John Charles Hyde, II, testified as an expert for plaintiff in credentialing and physician 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. 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. 19 0 obj PLAINTIFF DID NOT ESTABLISH A PRIMA FACIE CASE FOR NEGLIGENT CREDENTIALING BASED ON ADMISSIBLE EVIDENCE. Dr. Hai had participated in SIM's credentialing process since it first opened, including the decision to grant Dr. Sabit privileges. STANDARD OF REVIEW AND GENERAL PRINCIPLES. Dr. Dr. Hyde noted that CMH did not know what Dr. Sabit had already disclosed and would have assumed Dr. Sabit was forthcoming. (DeNinno, Andrew) (Entered: 06/08/2022), (#6) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Allstate Property and Casualty Insurance Company identifying Corporate Parent The Allstate Corporation, Corporate Parent The Allstate Corporation for Allstate Property and Casualty Insurance Company. Dr. Hyde's testimony regarding that matter was therefore improper under MRE 703. Jiab Suleiman D.O., P.C. "Voir dire is the process by which litigants may question prospective jurors so that challenges to the prospective jurors can be intelligently exercised." Lock believed that his responsibilities as medical director were limited to making sure the board of directors had information to make its own decisions. We agree. Although it was possible that the allegations were not credible, SIM needed to follow up with CMH. 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. 2:18-CV-14093 | 2018-12-31, U.S. District Courts | Contract | Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. Plaintiff requests summons issued. 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. 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. He graduated from At Still University Health Sciences/Kirksville College Of Osteopathic Medicine in 1997. Damages Chart, Exhibit 9 - The Surgical Institute of Michigan, LLC Damages Chart, Exhibit 6 - Biomolecular Integrations, Inc. THE CREDENTIALING FILE WAS ADMITTED IN ERROR. Judge Refuses To Dismiss Allstate's Suit Alleging It Paid Over $2M In Doctors sued for allegedly faking surgeries - WXYZ Restaurants & Taverns LLC , 323 Mich.App. Id. However, it still made findings regarding plaintiff's damages for purposes of the directed verdict against Dr. Sabit. SIM therefore argues that JNOV is warranted because, without the credentialing file, there was insufficient evidence to create a jury question. He states that he formed his opinions after 2 Discussed below is Jiab Suleiman's qualification to testify as an expert. Dr. Jagannathan operated on plaintiff on May 24, 2016. 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. Jiab Suleiman, DO, MS, is a board-certified orthopedic surgeon offering his expertise to patients in Canton and Dearborn, Michigan, at Premier Orthopedics. 22 0 obj As noted earlier, the jury determined that Dr. Suleiman was not professionally negligent. Hosp. 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). MCR 2.611(A)(1) sets forth the grounds upon which a jury verdict may be set aside and a new trial granted. Lock was not familiar with the significance of a summary suspension, and he did not ask Dr. Sabit to explain that disclosure. 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. In fact, her continuing back pain left her unable to work throughout most of 2011 through 2014. See also Teal , 283 Mich.App. endobj 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). In the midst of trial, SIM also filed a written motion in limine to exclude its credentialing file from evidence. at 168, 804 N.W.2d 754 ("[A] credentialing committee is a peer review committee."). Attard v. Citizens Ins. 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. Jiab Suleiman, M.S., D.O., is a US trained board-certified orthopedic surgeon. Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC, were treated as a single entity throughout these proceedings. DeBeaudry agreed that SIM sent a letter to Dr. Sabit to inquire about some of the issues disclosed by Dr. Beaghler. 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. Id. Moreover, in SIM's later letter thanking Dr. Sabit for his "prompt response," there was no indication that the response was provided in writing, and it would not be uncommon for a credentialing committee to meet with an applicant in person to address certain concerns. 2:21-CV-10985 | 2021-05-03, U.S. District Courts | Contract | He is affiliated with medical facilities such as Garden City Hospital and Beaumont Hospital Taylor. 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. CMH required Dr. Sabit to execute an extensive release before it would disclose any information. 636c and FRCP 73. Sabit and Suleiman would be tried first and, after a verdict was received, the negligent-credentialing claim would be tried before the same jury. On this record, there is no indication that plaintiff would have acquired the letter from a different source. Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. SPINE PHYSICIANS GROUP, PLLC, JIAB HASAN SULEIMAN, and JIAB SULEIMAN, D.O., PC, doing business as PREMIER ORTHOPEDICS, Defendants. Licenses and Affiliations See MCL 333.20101 et seq. Dr. Jiab H Suleiman - Orthopedic Surgery, Dearborn MI - HealthCare4PPL 350 Granite Street, Suite 2204 Braintree, MA 02184 Andrew H. DeNinno Jiab Suleiman is on Facebook. The court also indicated that the claims against Drs. 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.