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JiabHSuleimanDO Orthopaedic Surgery Dearborn, MI Physician Office 17000 Executive Plaza Dr Ste 101 Dearborn, MI 48126 Phone+1 313-565-4948 Fax+1 313-565-4989 Is this information wrong? We agree. Lock believed that his responsibilities as medical director were limited to making sure the board of directors had information to make its own decisions. 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. 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. 144, 157-158, 908 N.W.2d 319 (2017) ; Lewis v. LeGrow , 258 Mich.App. 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. Cancellation and Refund Policy, Privacy Policy, and SIM responded that it was a health facility, as set forth in MCL 333.20175(8), and entitled to the protections afforded by statute. Yes, Dr. Jiab H. Suleiman is accepting new patients at this office. 1 0 obj <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 11>> 2:22-CV-12736 | 2022-11-10, U.S. District Courts | Contract | Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. 12 0 obj 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. About Dr. Suleiman Bio Jiab Suleiman, DO PC, Canton, MI - Healthgrades Allstate Ins. Co. v. Orthopedic, P.C. - Casetext Chase is hereby ordered to provide responsive . MCR 2.611(A)(1) sets forth the grounds upon which a jury verdict may be set aside and a new trial granted. This appeal followed. 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. The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. But there is no evidence of any such stipulation in the record. Dr. Hai also opined that if SIM had denied Dr. Sabit's application, it would not have caused his privileges elsewhere to be revoked. (313) 565-4989. The plain language of MCL 333.20175(8) limited the use of those materials to purposes provided in Article 17. 661, 663-664, 584 N.W.2d 747 (1998). We reverse and remand for entry of judgment in favor of SIM. The CT did, however, show an interspinous plate at L4-L5. See Kelly v. Builders Square, Inc. , 465 Mich. 29, 38, 632 N.W.2d 912 (2001). Jiab Suleiman, DO, MS, is a board-certified orthopedic surgeon offering his expertise to patients in Canton and Dearborn, Michigan, at Premier Orthopedics. (Compston, Brad) (Entered: 06/08/2022), (#2) NOTICE of Appearance by Nathan Tilden on behalf of All Plaintiffs. The NPI number of this provider is 1598965543 and was assigned on July 2007. at 165-166, 369 N.W.2d 826. at 674 n 11, 584 N.W.2d 747 ("[P]lacement of a document within such a file does not protect its discovery if available from another source. MCL 333.1113. 350 Granite Street, Suite 2204 Braintree, MA 02184 Andrew H. DeNinno Nonetheless, as explained above, the credentialing file was inadmissible. Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. 528, 531-532, 624 N.W.2d 582 (2001). ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named JHS MANAGEMENT, LLC Search All Michigan Companies <> Dr. Kenneth Lock testified that he was the medical director and chair of the medical executive committee at SIM in 2011. Unambiguous statutory language must be enforced as written and no judicial construction is required or permitted. at 255-256, 865 N.W.2d 908. The court also indicated that the claims against Drs. AboutJiab Suleiman, DO. (DeNinno, Andrew) (Entered: 06/08/2022), (#4) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Allstate Insurance Company identifying Corporate Parent The Allstate Corporation for Allstate Insurance Company. To resolve the conflict, OWCP referred appellant to Dr. Jiab Suleiman, a Board-certified orthopedic surgeon, for an impartial medical examination. At any rate, CMH provided enough information to prompt a reasonably intelligent and prudent administrator to follow up. In short, he waiver sent on 6/10/2022, answer due 8/9/2022. The Court observed that the Public Health Code imposed a duty on the owner, operator, and governing body of a hospital to. DeBeaudry testified that she no longer worked at SIM but had previously been employed as its facility administrator during the early stages of this litigation. If you do not agree with these terms, then do not use our website and/or services. Plaintiff requests summons issued. Had SIM done that, they would have noticed that Dr. Sabit falsely indicated that he had never had medical staff privileges suspended. In the midst of trial, SIM also filed a written motion in limine to exclude its credentialing file from evidence. 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. Dr. Sabit submitted an application for surgical privileges at SIM on or about April 29, 2011. SIM disagreed that Dr. Sabit's default could be imputed to it. (Compston, Brad) (Entered: 06/08/2022), Docket(#2) NOTICE of Appearance by Nathan Tilden on behalf of All Plaintiffs. Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. Additional Specialties: Orthopedic Surgery. endobj 566, 571, 918 N.W.2d 545 (2018). This Court also previously denied a motion to seal the credentialing file. Jiab H Suleiman, DO: Orthopedic Surgeon Dearborn, MI & Canton, MI 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. 1963, art. 2:18-CV-14093 | 2018-12-31, U.S. District Courts | Contract | Executive Ambulatory Surgical Center, LLC et al v. Allstate Fire and Casualty Insurance Company, No. 2:2021cv10985 - Document 63 (E.D. endobj Jiab Suleiman D.O., P.C. Dorsey v. Surgical Institute of Michigan, LLC. 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. 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. 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. 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. As such, the peer-review privilege in MCL 333.21515 applies to SIM. 673 (1939) ("It is indispensable to a fair trial that a litigant be given a reasonable opportunity to ascertain on the voir dire whether any of the jurors summoned are subject to being challenged for cause or even peremptorily."). View court, arrest, criminal/conviction records, Lawsuits, Liens, Bankruptcies & sex offender status for Jiab Suleiman. 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. Dye v. St. John Hosp. (Tilden, Nathan) (Entered: 06/08/2022), (#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Fax: (313) 565-4989. % (quotation marks and citation omitted; alteration in original). Allstate Insurance Company et al v. Executive Ambulatory Surgical When asked why he did not inquire about issues other than the purported rule violations, Dr. Id. Moore v. Detroit Entertainment, LLC , 279 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 4>> 5 ], is DENIED AS MOOT. The trial court erred by compelling its production and admitting it at trial. More Info Extra Phones. Co. of America , 237 Mich.App. On November 14, 2018, plaintiff moved for entry of a judgment against SIM, Dr. Sabit, and MBSPG, jointly and severally. to Respond to Complain by 9/09/2022. Jiab Suleiman, DO PC is a medical group practice located in Canton, MI that specializes in Internal Medicine. MCR 2.611(A)(1)(a). at 667-669, 584 N.W.2d 747. 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. Dr. Hai testified that there was "absolutely no indication [from Dr. Beaghler] that we needed to pursue anything further." Dr. Hyde's testimony regarding that matter was therefore improper under MRE 703. CRESCENT HOLDINGS LLC in Northville, MI | Company Info & Reviews Lock agreed that he did not contact Dr. Beaghler at all. 16 0 obj 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. Dr. (DeNinno, Andrew) (Entered: 06/27/2022), (#16) CERTIFICATE of Service/Summons Returned Executed. The applicability of MCL 333.21515 presents a closer question. Licenses and Affiliations Jiab Suleiman DO PC - Dearborn, MI 48126 - Yellow Pages 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). The second copy included the above underlining added by hand. We do not retain jurisdiction. Lewis , 258 Mich.App. This loan's status is reported by the SBA as "Paid in Full", which includes both loans repaid and those fully forgiven from repayment under PPP guidelines. A "health facility or agency" is a broad term encompassing several types of entities, including freestanding surgical outpatient facilities and hospitals. Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. Make your practice more effective and efficient with Casetexts legal research suite. 349759). During his investigation of this case, Dr. Hyde discovered why CMH suspended Dr. Sabit. (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#13) WAIVER OF SERVICE Returned Executed. Because the disclosures in Dr. Beaghler's letter were not offered to prove the truth of those statements, the disclosures were not inadmissible hearsay. Judge Refuses To Dismiss Allstate's Suit Alleging It Paid Over $2M In ID 807-15); (2) the ALJ's assessment of Amir's subjective complaints were supported by substantial evidence (id., Pg. In fact, her continuing back pain left her unable to work throughout most of 2011 through 2014. SIM's credentialing file contained two copies of this letter. Plaintiff testified that, in reality, she felt no improvement. 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). Damages Chart, #13 Exhibit 12 - New Clear Images, LLC Damages Chart, #14 Exhibit 13 - Biomolecular Integrations, Inc. Dr. Sabit told her that she needed surgery, specifically, a lumbar fusion and laminectomy. Dr. Jagannathan recently performed a third surgery on plaintiff's back earlier in 2018. However, it still made findings regarding plaintiff's damages for purposes of the directed verdict against Dr. Sabit. He received his Medical degree from Kirksville College of Medicine in Missouri. Generally, medical malpractice claims require expert testimony regarding the appropriate standard of care and causation. We review de novo a trial court's decision regarding a motion for JNOV. endobj 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. He works in Dearborn, MI and 11 other locations and specializes in Orthopedic Surgery. 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. Plaintiff requests summons issued. at 395, 772 N.W.2d 57 ("[T]here must be facts in evidence to support the opinion testimony of an expert.") 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. Beaghler reported that Dr. Sabit did not follow hospital rules, regulations, or bylaws; his privileges had been suspended; his practice had come under a focus review; and ongoing evaluations of his professional practices disclosed several concerns. "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." PDF Order Granting in Part, Denying in Part Motion to Strike Reports (Ecf 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. 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. With respect to summary suspensions, Dr. On cross-examination, Dr. Hai testified that he did not think Dr. Sabit lied to SIM; the discrepancies between his disclosures and the matters in Dr. Beaghler's letter could have been a matter of differing terminology. Ctr. endobj (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#14) WAIVER OF SERVICE Returned Executed. Id. The practitioner's primary taxonomy code is 207X00000X with license number 5101013467 (MI). 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), Docket(#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), Docket(#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. SIM's second motion in limine asked the court to strike plaintiff's expert in credentialing and physician privileges, Dr. John Charles Hyde, II. Plaintiff asserted a medical malpractice claim and other theories against Dr. Sabit and his practice, Michigan Brain and Spine Physicians Group, PLLC (MBSPG). Dr. Hai indicated that he reviewed Dr. Sabit's National Practitioner Data Bank report, which was clean in May 2011. After continued pain, an orthopedic surgeon, Dr. Jiab Suleiman, ordered a magnetic resonance imaging (MRI) test of his shoulder and diagnosed him with a labral tear and a bruised . Id. 636c and FRCP 73. 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. He had no formal training in healthcare administration. (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. When the procedures are not followed, "a party need not demonstrate prejudice arising from a claim of defective jury selection, since the requirement would impose an impossible burden." endobj As our Supreme Court has observed, one of the measures enacted by the Legislature to promote candid assessment in peer-review proceedings is the statutory privilege that shields the "records, data, and knowledge collected for or by peer review entities" from discovery. 2023-02-22. SIM argued that a fair trial on the negligent-credentialing claim was impossible after the jury had been inundated with harsh criticisms of Dr. Sabit and implications that plaintiff had been left abandoned at SIM, unprotected and abused while she slept under anesthesia. endobj A trial court's evidentiary rulings are generally reviewed for an abuse of discretion, but preliminary questions of law are reviewed de novo. 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. Without his testimony, plaintiff could not have established a prima facie case of negligent credentialing. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 7>> (NAhm) (Entered: 07/22/2022), (#20) NOTICE of Appearance by Theodore R. Eppel on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. at 256, 865 N.W.2d 908. Hazel Park Medical Center. He is affiliated with medical facilities such as Garden City Hospital and Beaumont Hospital Taylor. The employer identification number (EIN) for Jiab Suleiman, D.o., P.c. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 5>> That evidence should have been excluded. 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. 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. Of the nearly 20 motions in limine filed by the parties, only two have particular relevance to the issues on appeal. 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. 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. In the spring of 2018, Dr. Jagannathan operated on plaintiff again to decompress the area adjacent to the fusion level. As evidence that SIM performed its due diligence, Dr. Hai continued to emphasize that other facilities cleared Dr. Sabit for privileges as well and the state of Michigan granted Dr. Sabit a license. 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. See Fedorinchik v. Stewart , 289 Mich. 436, 438-439, 286 N.W. Dr. Jiab H Suleiman, DO - Dearborn, MI - Hip and Knee Orthopedic <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 2>> Dr. Hyde opined that the combination of these disclosures should have prompted SIM to do a very thorough investigation before granting Dr. Sabit privileges. Plaintiff's complaint also raised claims against Dr. Jiab Hasan Suleiman and his practice, Jiab Suleiman, D.O., PC, doing business as Premier Orthopedics. A. Jiab Suleiman Rakesh Ramakrishnan Attorney/Law Firm Details Plaintiff Attorneys Brad Compston Attorney at King, Tilden, McEttrick & Brink, P.C. Id. Damages Chart, #13 Exhibit 12 - New Clear Images, LLC Damages Chart, #14 Exhibit 13 - Biomolecular Integrations, Inc. Rather, the logical significance of the letter was the effect the disclosures had on SIM's decision to grant Dr. Sabit privileges. JIAB SULEIMAN Agent 42627 Woodwind Lane Canton, MI 48188 Reviews Write Review There are no reviews yet for this company. When the statement is offered to establish its effect on the person to whom the statement is made, it is not precluded by the rule against hearsay. <> waiver sent on 6/10/2022, answer due 8/9/2022. He states that he formed his opinions after 2 Discussed below is Jiab Suleiman's qualification to testify as an expert. Id. Although it was possible that the allegations were not credible, SIM needed to follow up with CMH. Voir dire must be calculated to facilitate that purpose. On cross-examination, Dr. Hyde testified that Dr. Beaghler did not provide all the relevant information, even though the release CMH requested permitted him to do so. 2023-02-22, Orange County Florida Courts | Small Claim | Additionally, Allstate's Motion for Leave to File a Sur-Reply, [Dkt. Suleiman's Motion, [Dkt. Dr. Beaghler provided a written response after the release was returned. 485, 498, 566 N.W.2d 671 (1997) (holding that, because the trial court struck the testimony of the plaintiff's two experts regarding her liver disorder, plaintiff was left "with no evidence of causation" and "could not establish a prima facie case" with regard to that disorder; the trial court therefore correctly granted summary disposition to defendants regarding those claims). However, the first sections of both Part 215 (regarding hospitals) and Part 201 (the general provisions applicable to Article 17) incorporate the principles of construction set forth in Article 1 of the Public Health Code. 490, 493-494, 513 N.W.2d 179 (1994). Plaintiff opined that she was entitled to $630,431.04 in present damages, and $1,691,000 in future damages reduced to a present value of $1,038.540.74, for a total award of $1,668.971.78, less any expenses paid or payable by a collateral source, namely, the Social Security Administration. "Voir dire is the process by which litigants may question prospective jurors so that challenges to the prospective jurors can be intelligently exercised." New Clear Images, LLC, Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan, Jiab Suleiman, The Surgical Institute of Michigan, LLC * (DAll) June 9, 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.

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