jiab suleiman lawsuit

3 0 obj endobj Licenses and Affiliations 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. Bunda v. Hardwick , 376 Mich. 640, 659, 138 N.W.2d 305 (1965), citing Const. 2:18-CV-14094 | 2018-12-31, U.S. District Courts | Contract | Dr. Sabit's operative report indicates that he performed a posterior lumbar interbody fusion, a laminectomy for decompression of the nerve, and an interbody cage placement, all at the L4-L5 level of plaintiff's spine. 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. Dr. Hyde believed his opinion was reinforced by the deposition testimony of Dr. Kenneth Lock, SIM's medical director in 2011. 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." Dr. Sabit performed the surgery at SIM on February 8, 2012. PDF COA 349759 NOEL DORSEY V SURGICAL INSTITUTE OF MICHIGAN LLC Opinion Noel DORSEY, Plaintiff-Appellee, v. SURGICAL INSTITUTE OF MICHIGAN, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC, Defendant-Appellants, and Aria Omar Sabit, Michigan Brain & Spine Physicians Group, PLLC, Jiab Hasan Suleiman, and Jiab Suleiman, D.O., PC, doing business as Premier Orthopedics, Defendants. Dr. Hyde was the only expert witness to testify about the standard of care and proximate cause at issue in the negligent-credentialing portion of the trial. Dr. Hyde noted that CMH did not know what Dr. Sabit had already disclosed and would have assumed Dr. Sabit was forthcoming. Suleiman's Motion, [Dkt. Insurance Check. Dr. Hyde opined that the combination of these disclosures should have prompted SIM to do a very thorough investigation before granting Dr. Sabit privileges. That was not true, and she continued to feel pain months later. Plaintiff's complaint also raised numerous claims against SIM, an ambulatory surgery center that claimed to have "the most highly trained and experienced medical professionals." x\[o~yQ+M6M(vM33| E_dH%Qp83$}OQ{:>|=?::_zG7;GwOS,z>;>=a_8`?q3xp0x'9|Jw{=>~4"*uo#^#LQaIu$5VSbYRxQ 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. PLAINTIFF DID NOT ESTABLISH A PRIMA FACIE CASE FOR NEGLIGENT CREDENTIALING BASED ON ADMISSIBLE EVIDENCE. 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. EIN 01-0719076 - Jiab Suleiman, D.o., P.c., Dearborn, Michigan To the contrary, SIM raised numerous objections regarding Dr. Beaghler's absence and the hearsay contents of his letter at trial. CMH required Dr. Sabit to execute an extensive release before it would disclose any information. Dr. Hyde's testimony regarding that matter was therefore improper under MRE 703. Leslie v. Allen-Bradley Co., Inc. , 203 Mich.App. According to Dr. Hyde, several of Dr. Beaghler's disclosures were very alarming and required further scrutiny, including that (1) Dr. Sabit was on provisional status at the time of his resignation; (2) Dr. Sabit did not always comply with medical staff bylaws, rules, regulations, and other policies; (3) action was taken against Dr. Sabit's clinical privileges in the form of a brief summary suspension which generally occurs when there are patient-safety concerns; (4) after Dr. Sabit resigned, his practice was the subject of a focus review which generally means the hospital had concerns for patient safety; and (5) ongoing professional practice evaluations revealed several concerns regarding Dr. Sabit. 15 0 obj 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.) Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. SIM argues that it is entitled to JNOV because of the improper admission of the credentialing file. ALLSTATE INSURANCE COMPANY et al v. ORTHOPEDIC, P.C. et al 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." Had SIM done that, they would have noticed that Dr. Sabit falsely indicated that he had never had medical staff privileges suspended. Sabit and Suleiman would be tried first and, after a verdict was received, the negligent-credentialing claim would be tried before the same jury. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 17>> 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. Additionally, Dr. Sabit had received a full license to practice in Michigan in January 2011 and, according to Dr. Hai, "the Licensing Board checks everything out before they give a license." Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. "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." EMG studies suggested a possibility of permanent nerve damage. Plaintiff replied that MCL 333.21515 afforded protection to hospitals only. Phone: (313) 792-8350. (DeNinno, Andrew) (Entered: 06/27/2022), (#16) CERTIFICATE of Service/Summons Returned Executed. at 667, 673, 584 N.W.2d 747. Premier Orthopedics 17000 Executive Plaza Dr Ste 101 Dearborn, MI 48126. 1, 14. (NAhm) (Entered: 07/22/2022), (#20) NOTICE of Appearance by Theodore R. Eppel on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. Noel Dorsey tells 7 action news she was betrayed by the same. endobj endobj Allstate Insurance Company et al v. Executive Ambulatory Surgical 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. 350 Granite Street, Suite 2204 Braintree, MA 02184 Andrew H. DeNinno In the spring of 2018, Dr. Jagannathan operated on plaintiff again to decompress the area adjacent to the fusion level. 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. 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. Executive Ambulatory Surgical Center, LLC et al v. Allstate Fire and Casualty Insurance Company, No. "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." 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. Albert J. Dib and Barbara H. Goldman for Noel Dorsey. 8 0 obj Plaintiff believed her recovery from the March 24, 2016 surgery progressed as expected. MRE 801(c). 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). SIM opposed plaintiff's motions, denying that it removed or destroyed anything from the credentialing file before producing it to plaintiff. Plaintiff requests summons issued. People v. Fisher , 449 Mich. 441, 449-450, 537 N.W.2d 577 (1995). 17 0 obj If you do not agree with these terms, then do not use our website and/or services. 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. 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. Dr. Sabit told her that she needed surgery, specifically, a lumbar fusion and laminectomy. On the whole, we conclude that despite the placement of MCL 333.21515 in Part 215 alongside other provisions applicable to hospitals, the Legislature's reference to the review functions described in Article 17, as opposed to Part 215, evidences its intent to extend the statutory privilege for peer-review materials to all health facilities and agencies with review functions imposed by Article 17. 4 0 obj <> 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. Part of her duties was to gather information regarding physicians who applied for staff privileges at SIM and point out any "red flags" or concerning material in the gathered information. Plaintiff filed this lawsuit in 2016 after learning from another neurosurgeon that the described procedures were not actually performed. 17000 Executive Plaza Dr Ste 101, Dearborn, MI 48126-2793. AboutJiab Suleiman, DO. between Awaisi on behalf of Orthopedic, Melissa El Khoury, and Jiab Suleiman, D.O.). 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. Premier Orthopedics is a provider established in Dearborn, Michigan operating as a Orthopaedic Surgery. 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. 19 0 obj JIAB SULEIMAN Agent 42627 Woodwind Lane Canton, MI 48188 Reviews Write Review There are no reviews yet for this company. ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named CRESCENT HOLDINGS LLC Search All Michigan Companies A trial court's denial of a motion for JNOV is reviewed de novo. 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." See Feyz , 475 Mich. at 681, 719 N.W.2d 1, citing MCL 331.531. Sabit and Suleiman was a necessary element of the negligent-credentialing claim. 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. We review de novo a trial court's decision regarding a motion for JNOV. 24 0 obj SIM's credentialing file contained two copies of this letter. Damages Chart, #13 Exhibit 12 - New Clear Images, LLC Damages Chart, #14 Exhibit 13 - Biomolecular Integrations, Inc. 7 0 obj Although Dr. Beaghler's letter was not automatically inadmissible on this basis, see Dye , 230 Mich.App. 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. 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. SPINE PHYSICIANS GROUP, PLLC, JIAB HASAN SULEIMAN, and JIAB SULEIMAN, D.O., PC, doing business as PREMIER ORTHOPEDICS, Defendants. Under the circumstances, we will therefore discuss aspects of the credentialing file in this opinion. 12 0 obj Krusac v. Covenant Med. Jiab Suleiman - Facebook We reverse and remand for entry of judgment in favor of SIM. PDF STATE OF MICHIGAN COURT OF APPEALS - michbar.org County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. Dr. Jiab Suleiman, Orthopedic Surgeon in Dearborn | Patient Reviews THE CREDENTIALING FILE WAS ADMITTED IN ERROR. Reversed and remanded for entry of judgment in favor of SIM. Allstate removed the action from the Third Judicial Circuit in Wayne County, Michigan, to this Court on . "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." 311, 321, 602 N.W.2d 633 (1999). The magistrate judge recommended the following findings: (1) the ALJ properly evaluated the opinion of orthopedic surgeon Dr. Jiab Suleiman (id., Pg. 350 Granite St., Suite 2204 Braintree, MA 02359 Nathan Tilden Attorney at King, Tilden, McEttrick & Brink, P.C. Biomolecular Integrations, Inc. served on 6/23/2022, answer due 7/14/2022. (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. 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.. at 161, 369 N.W.2d 826. ID 797-807); and (3) at step five of the five-step analysis found at 20 C.F.R. Additionally, Allstate's Motion for Leave to File a Sur-Reply, [Dkt. MCR 2.611(A)(1)(a). Juliet James on Twitter: "RT @Mrs_K_Suleiman: #PrinceHarry lawsuit 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). Prior to that, he completed a master's degree in biology at the University of Cincinnati and an undergraduate degree from Ohio State University. Dr.. impairment. Id. See Mitchell v. Kalamazoo Anesthesiology, PC , 321 Mich.App. Although it was possible that the allegations were not credible, SIM needed to follow up with CMH. The trial court determined that the Legislature intended to treat hospitals and freestanding surgical outpatient facilities differently and that only hospitals were given statutory protections against disclosing peer-review files. Nonetheless, as explained above, the credentialing file was inadmissible. About Dr. Suleiman Bio 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. Chase is hereby ordered to provide responsive . (DeNinno, Andrew) (Entered: 06/13/2022), (#9) WAIVER OF SERVICE Returned Executed. The goal of statutory interpretation is to give effect to the Legislature's intent, as discerned from the plain language of the statute. <> 636c and FRCP 73. Recognizing the precedent established in Attorney General and Dye , this Court again confirmed in Johnson v. Detroit Med. Yet there was no evidence that anyone at SIM reached out to Dr. Beaghler or anyone else at CMH again. 16 0 obj ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named JHS MANAGEMENT, LLC Search All Michigan Companies 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. In support of her motion, plaintiff submitted a report from Nitin V. Paranjpe, Ph.D., regarding the foregoing calculations and Dr. Paranjpe's curriculum vitae reflecting his background in economics. Providers. waiver sent on 6/10/2022, answer due 8/9/2022. (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. At any rate, CMH provided enough information to prompt a reasonably intelligent and prudent administrator to follow up. Co. of America , 237 Mich.App. Lock said, "I'm not sure I understand what summary suspension means." She did not consider herself an expert in credentialing, but she was knowledgeable about preparing or gathering documentation for credentialing purposes. JHS MANAGEMENT, LLC in Canton, MI | Company Info & Reviews Id. 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. Dr. Jiab H. Suleiman, DO | Dearborn, MI | Orthopedist | US News Doctors

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