jiab suleiman lawsuit

5 0 obj Providers. SIM objected to Dr. Hyde's testimony regarding this subject on hearsay, foundation, and relevancy grounds, but the trial court overruled the objections. Id. 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. Bunda v. Hardwick , 376 Mich. 640, 659, 138 N.W.2d 305 (1965), citing Const. MCR 2.611(A)(1)(a). (DeNinno, Andrew) (Entered: 06/13/2022), (#14) WAIVER OF SERVICE Returned Executed. 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. Licenses and Affiliations <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 1>> Lock explained that he did not make a recommendation regarding Dr. Sabit and was not involved in the vote regarding his application. 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. Dr. Hai summarized: "[Dr. Sabit] had been practicing for 7, 8 years. Plaintiff believed her recovery from the March 24, 2016 surgery progressed as expected. Id. He cleaned . STANDARD OF REVIEW AND GENERAL PRINCIPLES. The court then entered a judgment against Dr. Sabit, MBSPG, and SIM, jointly and severally. 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. <> Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. 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. Dr. Sabit performed the surgery at SIM on February 8, 2012. This Court also previously denied a motion to seal the credentialing file. About Dr. Suleiman Bio Although Dr. Beaghler's letter was not automatically inadmissible on this basis, see Dye , 230 Mich.App. Executive Ambulatory Surgical Center, LLC et al v. Allstate Fire and Casualty Insurance Company, No. Rakesh Ramakrishnan, M.D., P.C. 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. B249793), p. 1, 2015 WL 1954590 (alteration in original). Executive Ambulatory Surgical Center, LLC waiver sent on 6/10/2022, answer due 8/9/2022. "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." Without his testimony, plaintiff could not have established a prima facie case of negligent credentialing. EMG studies suggested a possibility of permanent nerve damage. 1962 (c) and (d), common-law fraud, civil conspiracy, payment under mistake endobj Dr. Sabit reported that he previously had staff privileges at CMH, so a reference request was sent there. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 12>> endobj 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. As per our records, the last return (form 5500-SF . 2:22-CV-12736 | 2022-11-10, U.S. District Courts | Contract | Id. endobj 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. As noted earlier, the jury determined that Dr. Suleiman was not professionally negligent. at 666-667, 584 N.W.2d 747. 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. Moreover, while Dr. Beaghler demonstrated reluctance to participate in this litigation, any inquiries SIM made in 2011 would have been as part of the credentialing process. endobj Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. See MCL 333.20101 et seq. About JIAB SULEIMAN, DO, P.C. Generally, a party that has taken a legal position and prevailed in an earlier proceeding may not assert a contrary position in the same or related litigation. 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. endobj He graduated from At Still University Health Sciences/Kirksville College Of Osteopathic Medicine in 1997. Damages Chart, Exhibit 10 - Jiab Suleiman D.O., P.C. The employer identification number (EIN) for Jiab Suleiman, D.o., P.c. 311, 321, 602 N.W.2d 633 (1999). endobj Yet there was no evidence that anyone at SIM reached out to Dr. Beaghler or anyone else at CMH again. 144, 157-158, 908 N.W.2d 319 (2017) ; Lewis v. LeGrow , 258 Mich.App. SIM's second motion in limine asked the court to strike plaintiff's expert in credentialing and physician privileges, Dr. John Charles Hyde, II. Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. Counsel for Allstate are ordered to serve a copy of this Order and the simultaneously issued Protective Order on Chase no later than Mar ch 16, 2022. The credentialing file included a series of letters that formed the primary evidentiary basis for plaintiff's case against SIM. 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 short, he Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. Dr. waiver sent on 6/10/2022, answer due 8/9/2022. When Dr. Sabit was granted privileges, Dr. Allstate removed the action from the Third Judicial Circuit in Wayne County, Michigan, to this Court on . 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. waiver sent on 6/10/2022, answer due 8/9/2022. ID 807-15); (2) the ALJ's assessment of Amir's subjective complaints were supported by substantial evidence (id., Pg. Payment method discover, amex, check, all major credit cards Neighborhood 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. 3-2.] SIM argues that it is entitled to JNOV because of the improper admission of the credentialing file. Plaintiff testified that in February or March 2016, she began seeing neurosurgeon Dr. Jayant Jagannathan, who told her that an MRI did not reflect the procedures Dr. Sabit told her he performed. 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. Dr. Suleiman submitted a report dated April 24, 2018, which did not provide an impairment rating. Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. 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. Dr. Jiab H. Suleiman is an orthopedist in Dearborn, Michigan and is affiliated with multiple hospitals in the area, including Beaumont Hospital-Wayne and DMC Harper University Hospital. 0 Ratings. Plaintiff's complaint also raised claims against Dr. Jiab Hasan Suleiman and his practice, Jiab Suleiman, D.O., PC, doing business as Premier Orthopedics. When a trial court errs with respect to critical evidence, the error cannot be deemed harmless. Questions Post Question There are no questions yet for this company. 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. DeBeaudry confirmed that she did not have specific experience in healthcare administration, but she did have a general background in management, nursing, and health sciences. at 664, 665-666, 584 N.W.2d 747. is 010719076. 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. The court also indicated that the claims against Drs. We review de novo a trial court's decision regarding a motion for JNOV. Although SIM produced its credentialing file regarding Dr. Sabit pursuant to the court's order, SIM continued to object to the admissibility of the file. 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.. However, the specific provision is set forth in Part 215 of Article 17, which addresses matters related to the narrower category of entities that constitute hospitals. Internal Medicine. Jiab Suleiman, DO, MS, is a board-certified orthopedic surgeon offering his expertise to patients in Canton and Dearborn, Michigan, at Premier Orthopedics. Attard v. Citizens Ins. Dr. Jane Boruta, MD. Jiab Suleiman, M.S., D.O., is a US trained board-certified orthopedic surgeon. Rakesh Ramakrishnan, M.D., P.C. 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. 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." 1 0 obj 13 0 obj The second copy included the above underlining added by hand. 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. 10 0 obj <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 5>> Freestanding surgical outpatient facility does not include a surgical outpatient facility owned and operated as part of a hospital." 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). Dr. See Johnson , 291 Mich.App. 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. Premier Orthopedics 17000 Executive Plaza Dr Ste 101 Dearborn, MI 48126. , it could not rely on the confidentiality provision in MCL 333.21515. (Internal quotation marks supplied.). 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." MCR 2.611(A)(1) sets forth the grounds upon which a jury verdict may be set aside and a new trial granted. "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." JIAB SULEIMAN Agent 42627 Woodwind Ln Canton, MI 48188 Reviews Write Review There are no reviews yet for this company. SIM first argues that its credentialing file regarding Dr. Sabit was privileged under both MCL 333.20175(8) and MCL 333.21515 ; thus, it should not have been produced and then admitted as evidence at trial. 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. Neither Dr. Sabit nor MBSPG filed timely answers, and defaults were entered against both defendants on March 17, 2017which are not at issue in this appeal. "Voir dire is the process by which litigants may question prospective jurors so that challenges to the prospective jurors can be intelligently exercised." 11 0 obj Jiab Suleiman D.O., P.C. Before: BOONSTRA, P.J., and CAVANAGH and GADOLA, JJ. But there is no evidence of any such stipulation in the record. Aria Omar Sabit performed on plaintiff, Noel Dorsey, at SIM on February 8, 2012. 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." The trial court opined that a second jury would still be exposed to the same information because it was a necessary component of proximate cause on the negligent-credentialing claim. 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. 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. 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). SIM opposed plaintiff's motions, denying that it removed or destroyed anything from the credentialing file before producing it to plaintiff. After the verdict was placed on the record, the trial court advised the jury for the first time that there would be a second phase of the trial regarding plaintiff's negligent-credentialing claim against SIM. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> 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. Jiab Suleiman Rakesh Ramakrishnan Attorney/Law Firm Details Plaintiff Attorneys Brad Compston Attorney at King, Tilden, McEttrick & Brink, P.C. DeBeaudry agreed that it would be logical and responsible to follow up with Dr. Beaghler, but she was unable to locate any evidence of additional contact with Dr. Beaghler. Jiab Suleiman is on Facebook. The loan's status was . Suleiman was identified as the co-surgeon in the operative report, but he testified at trial that he was only present during the initial dissection of the surgical site and then left to attend his own patients. Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. 7 0 obj Sabit." On November 14, 2018, plaintiff moved for entry of a judgment against SIM, Dr. Sabit, and MBSPG, jointly and severally. Co. of America , 237 Mich.App. The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. 165, 168, 804 N.W.2d 754 (2010), that "a credentialing committee is a peer review committee" to which a privilege is afforded. Specialities 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). 350 Granite St., Suite 2204 Braintree, MA 02359 Nathan Tilden Attorney at King, Tilden, McEttrick & Brink, P.C. Plaintiff's counsel drew Dr. Plaintiff asserted a . The trial court denied plaintiff's motion to admit the opinion as an exhibit. Dr. Hyde explained that hospitals commonly provide succinct summaries of information in an initial response to inquiries from other facilities about staff, so the mere fact that Dr. Beaghler did not explain the reasons for the suspension in the May 19, 2011 letter is not conclusive. Sabit and Suleiman. In pertinent part, the opinion states that on December 3, 2010, CMH informed Dr. Sabit "that it was summarily suspending his provisional staff privileges at the Hospital to protect the life or well-being of patients [and] to reduce imminent danger to the life, health or safety of any person. " Sabit v. Abou-Samra , unpublished opinion of the California Court of Appeals for the Second District, issued April 30, 2015 (Docket No. He works in Dearborn, MI and 11 other locations and specializes in Orthopedic Surgery. Next to each of these awards, the verdict form included a notation that said, "+12%." (DeNinno, Andrew) (Entered: 06/08/2022), (#3) NOTICE of Appearance by Brad Compston on behalf of All Plaintiffs. Issues of statutory interpretation are reviewed de novo. , 475 Mich. 663, 680-681, 719 N.W.2d 1 (2006), citing MCL 333.21515 and MCL 333.20175(8). Section 1113 of Article 1 provides, "A heading or title of an article or part of this code shall not be considered as part of this code or be used to construe the code more broadly or narrowly than the text of the code sections would indicate, but shall be considered as inserted for convenience to users of this code." During his investigation of this case, Dr. Hyde discovered why CMH suspended Dr. Sabit. 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. 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." ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY. 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." Licenses and Affiliations 636c and FRCP 73. A trial court's evidentiary rulings are generally reviewed for an abuse of discretion, but preliminary questions of law are reviewed de novo. MRE 801(c). And the best part of all, documents in their CrowdSourced Library are FREE! Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC, were treated as a single entity throughout these proceedings. Restaurants & Taverns LLC , 323 Mich.App. Dr. Sabit told her that she needed surgery, specifically, a lumbar fusion and laminectomy. Dr. Hai indicated that he reviewed Dr. Sabit's National Practitioner Data Bank report, which was clean in May 2011. The trial court viewed the motion as a motion for reconsideration and stated on the record that it did not intend to revisit the admissibility of the credentialing file. [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.

Larry Hoppen Memorial, Corey Chirafisi Biography, Dunlop Tech Tire Repair Kit How To Use, How Do You Open A Pandora Infinity Charm Bracelet?, Articles J