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Why is this public record being published online? 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. Suleiman's Motion, [Dkt. endobj Under MCL 333.21513 : Under both MCL 333.21513(c) and MCL 333.20813(c), the hospital and freestanding surgical outpatient facility, respectively, must ensure that professionals are only granted privileges consistent with their training, experience, and other qualifications. to Respond to Complain by 9/09/2022. This Court also previously denied a motion to seal the credentialing file. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 1>> The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. SIM argues that it is entitled to JNOV because of the improper admission of the credentialing file. Lock said, "I'm not sure I understand what summary suspension means." Dr. Jiab Suleiman, DO is an orthopedic surgery specialist in Dearborn, MI and has over 25 years of experience in the medical field. SIM opposed plaintiff's motions, denying that it removed or destroyed anything from the credentialing file before producing it to plaintiff. Jiab Suleiman, Do, P.c. Npi 1598965543 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." Plaintiff replied that MCL 333.21515 afforded protection to hospitals only. [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. 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. Recognizing the precedent established in Attorney General and Dye , this Court again confirmed in Johnson v. Detroit Med. endobj (Compston, Brad) (Entered: 06/08/2022), Docket(#2) NOTICE of Appearance by Nathan Tilden on behalf of All Plaintiffs. The court then entered a judgment against Dr. Sabit, MBSPG, and SIM, jointly and severally. The trial court agreed and granted a directed verdict with respect to the standard of care, breach of the standard of care, and causation. 13 0 obj JIAB SULEIMAN Agent 42627 Woodwind Lane Canton, MI 48188 Reviews Write Review There are no reviews yet for this company. By definition, an out-of-court statement is only considered hearsay if it is "offered in evidence to prove the truth of the matter asserted." (quotation marks and citation omitted; alteration in original). (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. 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." <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 10>> Feyz v. Mercy Mem. (Internal quotation marks supplied.). Dr. Hai summarized: "[Dr. Sabit] had been practicing for 7, 8 years. 1. 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. The question before this Court is whether the materials gathered by a freestanding surgical outpatient facility in the process of determining whether to grant privileges to an applicant are entitled to either or both statutory privileges. at 256, 865 N.W.2d 908. Jiab Suleiman, DO PC is a medical group practice located in Canton, MI that specializes in Internal Medicine. The trial court denied plaintiff's motion to admit the opinion as an exhibit. See Mitchell v. Kalamazoo Anesthesiology, PC , 321 Mich.App. He cleaned . If you do not agree with these terms, then do not use our website and/or services. 3-2.] endobj Lock believed that his responsibilities as medical director were limited to making sure the board of directors had information to make its own decisions. More Info Extra Phones. 25 0 obj Without his testimony, plaintiff could not have established a prima facie case of negligent credentialing. Plaintiff claims that "Dr. Beaghler's letter to SIM was admitted by stipulation, in lieu of the attorneys [sic] traveling to California to attempt to depose him." We review de novo a trial court's decision regarding a motion for JNOV. He states that he formed his opinions after 2 Discussed below is Jiab Suleiman's qualification to testify as an expert. It also referenced two specific instances in which Dr. Sabit did not render appropriate medical care. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 4>> between Awaisi on behalf of Orthopedic, Melissa El Khoury, and Jiab Suleiman, D.O.). 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. 21 0 obj Co. of America , 237 Mich.App. at 395, 772 N.W.2d 57 ("[T]here must be facts in evidence to support the opinion testimony of an expert.") CONCLUSION. B. Executive Ambulatory Surgical Center, LLC et al v. Allstate Fire and Casualty Insurance Company, No. The credentialing file included a series of letters that formed the primary evidentiary basis for plaintiff's case against SIM. Plaintiff's counsel drew Dr. Instead, he wrote to Dr. Sabit to ask for clarification regarding the allegation of bylaw or rule violations. Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. The trial court erred by compelling its production and admitting it at trial. Chart of Patients and Treatment Billed to Allstate, #8 Exhibit 7 - Mail and Wire Fraud Chart, #9 Exhibit 8 - Executive Ambulatory Surgical Center, LLC Damages Chart, #10 Exhibit 9 - The Surgical Institute of Michigan, LLC Damages Chart, #11 Exhibit 10 - Jiab Suleiman D.O., P.C. SIM objected on several grounds, including its assertion that the amounts awarded by the jury for past damages included interest within the stated figures. Dr. Hai reiterated that SIM looked at all the relevant information at the time of its decision and reasoned that Dr. Sabit simply went "rogue" later. 27 Apr 2023 20:07:35 DeBeaudry never saw a written response from Dr. Sabit and was not aware of one existing. The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Jiab Suleiman, M.S., D.O., is a US trained board-certified orthopedic surgeon. 349759). 636c and FRCP 73. PDF Order on Non-party'S Motion to Quash Subpoenas and For a Protective Allstate Insurance Company et al v. Executive Ambulatory Surgical Licenses and Affiliations Dr. Jagannathan operated on plaintiff on May 24, 2016. SIM also argues that it was entitled to JNOV because Michigan does not recognize negligent credentialing as a cause of action. Dr. Jiab H Suleiman - Orthopedic Surgery, Dearborn MI - HealthCare4PPL Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC, were treated as a single entity throughout these proceedings. When Dr. Sabit was granted privileges, Dr. CRESCENT HOLDINGS LLC in Northville, MI | Company Info & Reviews Jiab Suleiman, DO is located at 17000 Executive Plaza Dr STE 101 in Dearborn, Michigan 48126. 1, 14. 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. Lock said, "Because I told you, I'm doing this as a helpful basis," and it was up to the board of directors to decide whether to grant privileges. SIM filed several postjudgment motions in which it sought a judgment notwithstanding the verdict (JNOV) or, alternatively, a new trial, arguing that (1) the credentialing file regarding Dr. Sabit was privileged and inadmissible; (2) Michigan does not recognize a negligent-credentialing cause of action; (3) Dr. Hyde's testimony was inadmissible and failed to establish negligence and proximate cause because it lacked a sufficient factual basis in record evidence; (4) SIM was denied a fair trial because the court refused to seat a second jury for the negligent-credentialing claim, SIM was not able to participate in voir dire, and the jury was exposed to inadmissible and prejudicial information about Dr. Sabit; (5) the jury's award of future medical expenses was speculative and excessive; (6) the jury's attempt to award precomplaint interest could not be harmonized with its failure to distinguish between precomplaint and postcomplaint damages; and (7) the adverse-inference jury instruction was unsupported by evidence. 384, 394, 772 N.W.2d 57 (2009). Plaintiff had been diagnosed with significant major depression and engaged in counseling, coupled with psychotropic medication, for the last year. 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. 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. See Kelly v. Builders Square, Inc. , 465 Mich. 29, 38, 632 N.W.2d 912 (2001). waiver sent on 6/10/2022, answer due 8/9/2022. endobj endobj In a memorandum dated May 10, 2018, OWCP noted that it would obtain a new impartial Indeed, SIM filed a pretrial motion for summary disposition with respect to plaintiff's negligent-credentialing claim. Lock assumed Dr. Sabit provided a written response, which would have been given to the board of directors with the rest of Dr. Sabit's file, but Dr. 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? <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> As per our records, the last return (form 5500-SF . Dr. (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. , 291 Mich.App. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 9>> Aria Omar Sabit performed on plaintiff, Noel Dorsey, at SIM on February 8, 2012. Dr. Suleiman submitted a report dated April 24, 2018, which did not provide an impairment rating. He received his Medical degree from Kirksville College of Medicine in Missouri. Plaintiff asserted a . The letter requested a written response, but there was no written response from Dr. Sabit in the credentialing file. , 475 Mich. 663, 680-681, 719 N.W.2d 1 (2006), citing MCL 333.21515 and MCL 333.20175(8). 9 0 obj 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. EMG studies suggested a possibility of permanent nerve damage. JHS MANAGEMENT, LLC in Canton, MI | Company Info & Reviews 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. 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. People v. Fisher , 449 Mich. 441, 449-450, 537 N.W.2d 577 (1995).
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