jiab suleiman lawsuit

9 0 obj SIM argued that the court could not assume that the jury would have calculated damages and interest in the same manner as plaintiff's economist. Find information about and book an appointment with Dr. Jiab H Suleiman, DO in Dearborn, MI, Canton, MI. The general provisions of Article 17 include 20175(8), which states: MCL 333.21515 similarly provides, "The records, data, and knowledge collected for or by individuals or committees assigned a review function described in this article are confidential and shall be used only for the purposes provided in this article, shall not be public records, and shall not be available for court subpoena." Check all background information that MyLife has gathered. Signed by District Judge George Caram Steeh. 12 0 obj (Internal quotation marks supplied.). Sabit and Suleiman would be tried first and, after a verdict was received, the negligent-credentialing claim would be tried before the same jury. See MCL 333.20101 et seq. Dr. Hai testified that there was "absolutely no indication [from Dr. Beaghler] that we needed to pursue anything further." Executive Ambulatory Surgical Center, LLC waiver sent on 6/10/2022, answer due 8/9/2022. 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. 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. Phone: (313) 789-5328. Dr. Hyde agreed that Dr. Sabit's National Practitioner Data Bank report was negative in May 2011 and that there were no lawsuits against Dr. Sabit pending in Ventura County at that time. Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC, were treated as a single entity throughout these proceedings. 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." On May 19, 2011, after the release was signed and returned, Dr. Marc Beaghler, CMH's chief of staff, sent the following letter: Resigned (Provisional at the time of Resignation). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 6>> The goal of statutory interpretation is to give effect to the Legislature's intent, as discerned from the plain language of the statute. The letter requested a written response, but there was no written response from Dr. Sabit in the credentialing file. See other contact addresses. 2 ], is therefore DEN IED. 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. Aetna; Humana; Help Improve Healthgrades When asked why he did not inquire about issues other than the purported rule violations, Dr. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Plaintiff reported persistent pain after a lumbar fusion performed by Dr. Sabit, but a CT myelogram did not reveal evidence of a lumbar interbody fusion, laminectomy, or placement of an interbody cage at L4-L5. Plaintiff testified that Dr. Suleiman referred her to Dr. Sabit on January 11, 2012, for severe back pain. at 168, 804 N.W.2d 754 ("[A] credentialing committee is a peer review committee."). 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. Freestanding surgical outpatient facility does not include a surgical outpatient facility owned and operated as part of a hospital." 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. But even if Dr. Hyde's testimony regarding this matter was not speculative, SIM is correct that the reason for Dr. Sabit's suspension was not a fact in evidence. Jiab Suleiman specializes in diagnosis and treatment of orthopedic problems like arthritis, fractures, back pain. Plaintiff's complaint also raised claims against Dr. Jiab Hasan Suleiman and his practice, Jiab Suleiman, D.O., PC, doing business as Premier Orthopedics. at 667-669, 584 N.W.2d 747. As noted earlier, the parties do not dispute that SIM is a freestanding surgical outpatient facility, and MCL 333.20106(1)(c) includes a freestanding surgical outpatient facility within the definition of a health facility or agency. We do note, however, that but for our determination that judgment should be entered in favor of SIM, we would in any event have reversed and remanded for a new trial, given that SIM was entirely excluded from participation in voir dire. (Young, Barrett) (Entered: 07/19/2022), (#17) CERTIFICATE of Service/Summons Returned Executed. III. endobj The defendant notified the Michigan Board of Medicine of its decision but refused to turn over information developed in the internal investigation when the board began its own investigation of the incident. 311, 321, 602 N.W.2d 633 (1999). Id. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 9>> Dr. Jiab Suleiman, DO, Orthopedic Surgery | Dearborn, MI | WebMD The practitioner's primary taxonomy code is 207X00000X with license number 5101013467 (MI). Generally, medical malpractice claims require expert testimony regarding the appropriate standard of care and causation. 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." to Respond to Complain by 9/09/2022. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 4>> 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. The magistrate judge recommended the following findings: (1) the ALJ properly evaluated the opinion of orthopedic surgeon Dr. Jiab Suleiman (id., Pg. 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. A "health facility or agency" is a broad term encompassing several types of entities, including freestanding surgical outpatient facilities and hospitals. Attard v. Citizens Ins. 528, 531-532, 624 N.W.2d 582 (2001). Lock explained that he did not make a recommendation regarding Dr. Sabit and was not involved in the vote regarding his application. Jiab H Suleiman, 53 - Dearborn, MI - Has Court or Arrest Records Jiab Suleiman DO PC has not yet specified accepted insurance plans. at 165-166, 369 N.W.2d 826. 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. See Bryant v. Oakpointe Villa Nursing Centre, Inc. , 471 Mich. 411, 422, 684 N.W.2d 864 (2004) (discussing characteristics that distinguish medical malpractice from general negligence). 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). You can find contact information like phone number, practice website, office address and reviews for Dr. Jiab Suleiman on HealthSoul. In the spring of 2018, Dr. Jagannathan operated on plaintiff again to decompress the area adjacent to the fusion level. The jury found that Dr. Suleiman was not professionally negligent, and a no-cause judgment was entered in favor of Dr. Suleiman and his practicewhich is not at issue in this appeal. We agree. Plaintiff filed this lawsuit in 2016 after learning from another neurosurgeon that the described procedures were not actually performed. Dr. (DeNinno, Andrew) (Entered: 06/13/2022), (#14) WAIVER OF SERVICE Returned Executed. 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. The trial court denied the motion, reasoning that it would not promote judicial economy because the medical malpractice of Drs. Id. 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. EIN for organizations is sometimes also referred to as taxpayer identification number or TIN. <> <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 1>> 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). Dr. Jiab Suleiman, DO - Healthgrades Damages Chart, #13 Exhibit 12 - New Clear Images, LLC Damages Chart, #14 Exhibit 13 - Biomolecular Integrations, Inc. Dr. Sabit told the board he was suspended because of problems with medical records, which the board considered acceptable. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 7>> Krusac v. Covenant Med. 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. Receipt No: AMIEDC-8940305 - Fee: $ 402. Dr. Jagannathan operated on plaintiff on May 24, 2016. Plaintiff asserted a medical malpractice claim and other theories against Dr. Sabit and his practice, Michigan Brain and Spine Physicians Group, PLLC (MBSPG). Leslie v. Allen-Bradley Co., Inc. , 203 Mich.App. Specialties: Hip and Knee Orthopedic Surgery, Orthopedic Surgery, Shoulder and Elbow Orthopedic Surgery. 384, 394, 772 N.W.2d 57 (2009). Dr. Jagannathan was still hopeful that she would continue to improve. , 475 Mich. 663, 680-681, 719 N.W.2d 1 (2006), citing MCL 333.21515 and MCL 333.20175(8). The ordeal had taken a toll on plaintiff's marriage, as she struggled with emotional turmoil and could not play much of a role with her family. Had SIM done that, they would have noticed that Dr. Sabit falsely indicated that he had never had medical staff privileges suspended. The trial court agreed and granted a directed verdict with respect to the standard of care, breach of the standard of care, and causation. 2023-01-31, El Paso County District Courts | Personal Injury | 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. 350 Granite Street, Suite 2204 Braintree, MA 02184 Andrew H. DeNinno endobj Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. Dr. Suleiman graduated from the A T Still University Kirksville College of Osteopathic Medicine in 1997. 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. Suleiman's Motion, [Dkt. Boonstra, P.J., and Cavanagh and Gadola, JJ., concurred. SIM argued that the jury's "+12%" notation should be ignored because it was specifically instructed to include any applicable precomplaint interest in the amount awarded. 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. 661, 663-664, 584 N.W.2d 747 (1998). We agree. 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. 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 vast majority of Dr. Hyde's testimony focused on the implications of Dr. Beaghler's disclosures and Dr. Hyde's belief that the nature of the disclosures required further investigation. 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. The trial court entertained oral argument regarding these matters on March 20, 2019, and denied each motion in a series of orders entered June 25, 2019. 576, 583, 505 N.W.2d 27 (1993). at 255-256, 865 N.W.2d 908. He graduated from At Still University Health Sciences/Kirksville College Of Osteopathic Medicine in 1997. Dr.. 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 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. The trial court agreed to give an adverse-inference instruction because the evidence showed that SIM asked Dr. Sabit for a written response, acknowledged receipt of a response, and no response was produced with SIM's records. Although the opinion containing this information was not released until 2015, Dr. Hyde opined that Dr. Beaghler would have provided the same information if SIM had inquired. Executive Ambulatory Surgical Center, LLC waiver sent on 6/10/2022, answer due 8/9/2022. 11 0 obj Nearly a decade later, this Court considered the statutory privilege in the context of a medical malpractice action involving a negligent-credentialing theory. The trial court erred by compelling its production and admitting it at trial. Juliet James on Twitter: "RT @Mrs_K_Suleiman: #PrinceHarry lawsuit 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. (DeNinno, Andrew) (Entered: 06/08/2022), Docket(#5) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Allstate Fire and Casualty Insurance Company identifying Corporate Parent The Allstate Corporation for Allstate Fire and Casualty Insurance Company. & Med. Dr. Jagannathan recently performed a third surgery on plaintiff's back earlier in 2018. 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.

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