(NAhm) (Entered: 07/22/2022), (#20) NOTICE of Appearance by Theodore R. Eppel on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. 165, 168, 804 N.W.2d 754 (2010), that "a credentialing committee is a peer review committee" to which a privilege is afforded. (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#14) WAIVER OF SERVICE Returned Executed. See Fedorinchik v. Stewart , 289 Mich. 436, 438-439, 286 N.W. at 162, 369 N.W.2d 826. Dr. Hyde noted that CMH did not know what Dr. Sabit had already disclosed and would have assumed Dr. Sabit was forthcoming. SIM's credentialing file contained two copies of this letter. Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. Licenses and Affiliations endobj Dr. Sabit told the board he was suspended because of problems with medical records, which the board considered acceptable. 350 Granite St., Suite 2204 Braintree, MA 02359 Nathan Tilden Attorney at King, Tilden, McEttrick & Brink, P.C. 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. Judge Refuses To Dismiss Allstate's Suit Alleging It Paid Over $2M In <> He is affiliated with medical facilities such as Garden City Hospital and Beaumont Hospital Taylor. Although plaintiff makes no attempt to dispute SIM's characterization of the letter as hearsay, we are not persuaded by that aspect of SIM's argument. (BSau) (Entered: 07/22/2022), (#21) ORDER OF RECUSAL AND REASSIGNING CASE from District Judge Judith E. Levy in Ann Arbor to District Judge George Caram Steeh in Detroit. 6 0 obj 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. Dr.. The applicability of MCL 333.21515 presents a closer question. The magistrate judge recommended the following findings: (1) the ALJ properly evaluated the opinion of orthopedic surgeon Dr. Jiab Suleiman (id., Pg. He had [a] Michigan license, he had [a] California license, he has [a] license in New Jersey, and there was nothing outstanding that we could see in paper.". Plaintiff filed this lawsuit in 2016 after learning from another neurosurgeon that the described procedures were not actually performed. ID 807-15); (2) the ALJ's assessment of Amir's subjective complaints were supported by substantial evidence (id., Pg. . Dr. Suleiman | Suleiman Orthopedics This Court found the defendant's position persuasive, agreeing that it was supported by the plain meaning of the statutory privilege. 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.. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY. The practitioner's primary taxonomy code is 207X00000X with license number 5101013467 (MI). 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. Dr. MCR 2.611(A)(1) sets forth the grounds upon which a jury verdict may be set aside and a new trial granted. Jiab Suleiman is on Facebook. Dr. Sabit told her that she needed surgery, specifically, a lumbar fusion and laminectomy. And the best part of all, documents in their CrowdSourced Library are FREE! Dr. Hai explained that summary suspensions are common when physicians fall behind on their paperwork or charts; such suspensions are used as an enforcement mechanism to make sure records are completed so services can be billed. x\[o~yQ+M6M(vM33| E_dH%Qp83$}OQ{:>|=?::_zG7;GwOS,z>;>=a_8`?q3xp0x'9|Jw{=>~4"*uo#^#LQaIu$5VSbYRxQ 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. And because SIM was a freestanding surgical outpatient facility licensed under a different section of the Public Health Code, MCL 333.1101 et seq. SIM also argued that it was inappropriate to enter a judgment against SIM, Dr. Sabit, and MBSPG, jointly and severally, when Dr. Sabit's liability was premised on his default. By October 2012, Dr. Sabit was falsely reporting in his records that plaintiff had a complete resolution of her symptoms. 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. ({K@kZc~-8\OJxZtZskGq 3Wt)@#hk[CE h@Wf)W2L/\E][ l{v . <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> It is undisputed that SIM is a freestanding surgical outpatient facility, as defined by MCL 333.20104(7), and therefore also a health facility or agency under MCL 333.20106(1)(c). " at 200, 670 N.W.2d 675 (citations omitted). 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. Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. The second copy included the above underlining added by hand. 2023-01-31, Palm Beach County 15th Judicial Circuit Courts | Other | [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Executive Ambulatory Surgical Center, LLC Chart of Patients and Treatment Billed to Allstate, #3 Exhibit 2 - The Surgical Institute of Michigan, LLC Chart of Patients and Treatment Billed to Allstate, #4 Exhibit 3 - Jiab Suleiman D.O., P.C. Jiab H. Suleiman, DO - Orthopedic Surgeon in Dearborn, MI - MD.com Although it was possible that the allegations were not credible, SIM needed to follow up with CMH. at 667-669, 584 N.W.2d 747. In 2011, Dr. 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. The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. (Tilden, Nathan) (Entered: 06/08/2022), (#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. 11 0 obj 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." Dr. Jiab Suleiman, DO is an orthopedic surgery specialist in Dearborn, MI and has over 25 years of experience in the medical field. Licenses and Affiliations endobj Dr. endobj 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. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Plaintiff testified that, in reality, she felt no improvement. 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. This appeal followed. The defendant hospital in Dye objected to the plaintiff's request for a physician's "personnel/privileges file," relying on MCL 333.21515, as well as MCL 333.20175(8). Plaintiff continued to have persistent pain and was treating with one of Dr. Jagannathan's colleagues, a pain-management specialist. MCL 333.20106(1)(c) and (f). Jiab Suleiman, DO, MS, is a board-certified orthopedic surgeon offering his expertise to patients in Canton and Dearborn, Michigan, at Premier Orthopedics. PDF Order Granting in Part, Denying in Part Motion to Strike Reports (Ecf Freestanding surgical outpatient facility does not include a surgical outpatient facility owned and operated as part of a hospital." Nearly a decade later, this Court considered the statutory privilege in the context of a medical malpractice action involving a negligent-credentialing theory. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. 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. (DeNinno, Andrew) (Entered: 06/08/2022), (#3) NOTICE of Appearance by Brad Compston on behalf of All Plaintiffs. Biomolecular Integrations, Inc. served on 6/23/2022, answer due 7/14/2022. Executive Ambulatory Surgical Center, LLC et al v. Allstate Fire and Casualty Insurance Company, No. 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. 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.) Dr. Hyde believed the information would be within the scope of the comprehensive release CMH required before its initial disclosure. 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). Without the admission of the credentialing file upon which the majority of Dr. Hyde's testimony depended, plaintiff's claim for medical malpractice should not have been submitted to the jury. Nonetheless, as explained above, the credentialing file was inadmissible. impairment. We agree. Reversed and remanded for entry of judgment in favor of SIM. Even so, Dr. According to SIM's bylaws, the medical director was responsible for making recommendations to the board of directors regarding all applicants for staff privileges. at 168, 804 N.W.2d 754 ("[A] credentialing committee is a peer review committee."). (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. 8 0 obj Dr. 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. Issues of statutory interpretation are reviewed de novo. Lock was not familiar with the significance of a summary suspension, and he did not ask Dr. Sabit to explain that disclosure. Additionally, SIM should have assessed Dr. Sabit's application to see if he truthfully disclosed the same issues. Dr. Kenneth Lock testified that he was the medical director and chair of the medical executive committee at SIM in 2011. Dr. Jane Boruta, MD. Dr. Hai also opined that if SIM had denied Dr. Sabit's application, it would not have caused his privileges elsewhere to be revoked. 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. We have found at least 1 Lawsuit, Lien, or Bankruptcy We have found at least 1 Court Record. 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. 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. 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. Ctr. at 321, 602 N.W.2d 633. Dr. Jiab Suleiman, DO, Orthopedic Surgery | Dearborn, MI | WebMD sponsers an employee benefit plan and files Form 5500-SF short form annual return/report. endobj endobj ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named CRESCENT HOLDINGS LLC Search All Michigan Companies <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 7>> Id. Allstate Insurance Company et al v. Executive Ambulatory Surgical About Dr. Suleiman Bio endobj at 395, 772 N.W.2d 57 ("[T]here must be facts in evidence to support the opinion testimony of an expert.") It also referenced two specific instances in which Dr. Sabit did not render appropriate medical care. Dr. Suleiman submitted a report dated April 24, 2018, which did not provide an impairment rating. [Dkt. at 255-256, 865 N.W.2d 908. waiver sent on 6/10/2022, answer due 8/9/2022. 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. See Mitchell v. Kalamazoo Anesthesiology, PC , 321 Mich.App. 9 0 obj We agree. 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 . <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 16>> Albert J. Dib and Barbara H. Goldman for Noel Dorsey. 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. That was not true, and she continued to feel pain months later. She did not consider herself an expert in credentialing, but she was knowledgeable about preparing or gathering documentation for credentialing purposes. Although there were several entries regarding Dr. Sabit, none of them were recorded before SIM granted Dr. Sabit privileges. Rakesh Ramakrishnan, M.D., P.C. Plaintiff replied that MCL 333.21515 afforded protection to hospitals only. 0 Ratings. We do not retain jurisdiction. 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. SIM argues that this was not an appropriate basis for Dr. Hyde's testimony because Dr. Beaghler's letter was part of the inadmissible credentialing file and, even if the credentialing file had been admissible, the statements in Dr. Beaghler's letter were inadmissible hearsay. 566, 571, 918 N.W.2d 545 (2018). 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. 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). ("Suleiman PC"), filed this action against Allstate Fire and Casualty Insurance Co. to recover payment for medical services rendered to a third party. Bloomfield Hills surgeon charged in health care fraud - The Detroit News Yes, Dr. Jiab H. Suleiman is accepting new patients at this office. 5 0 obj In fact, her continuing back pain left her unable to work throughout most of 2011 through 2014. 538, 546 n. 3, 619 N.W.2d 66 (2000) ; see also Taylor v. Kent Radiology PC , 286 Mich.App. Allstate removed the action from the Third Judicial Circuit in Wayne County, Michigan, to this Court on . , 200 Mich.App. In the spring of 2018, Dr. Jagannathan operated on plaintiff again to decompress the area adjacent to the fusion level. 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. 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. III. Chart of Patients and Treatment Bill, Exhibit 3 - Jiab Suleiman D.O., P.C. PDF Order on Non-party'S Motion to Quash Subpoenas and For a Protective When SIM attempted to renew its argument about the prejudice arising from defending the negligent-credentialing claim after the jury were to find Dr. Sabit professionally negligent, the trial court said, "And the answer to am I going to hold two separate trials with two separate Juries is a resounding no I am not." From his response and the rest of the credentialing file, the board of directors saw no reason to follow up with Dr. Beaghler. 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. "Voir dire is the process by which litigants may question prospective jurors so that challenges to the prospective jurors can be intelligently exercised." The court then entered a judgment against Dr. Sabit, MBSPG, and SIM, jointly and severally. endobj Dorsey v. Surgical Institute of Michigan, LLC - Casetext Signed by District Judge George Caram Steeh. 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. Additional Specialties: Orthopedic Surgery. 22 0 obj 24 0 obj 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). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 3>> endobj , it could not rely on the confidentiality provision in MCL 333.21515. Indeed, at a June 30, 2017 hearing on plaintiff's motion to compel (which was granted), counsel for plaintiff stated with regard to the negligent-credentialing claim, "the only way we're going to prove it is by looking at the credentialing file."
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