(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. 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. endobj It also referenced two specific instances in which Dr. Sabit did not render appropriate medical care. , 291 Mich.App. 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. s -e5-l5h++9 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. Receipt No: AMIEDC-8940305 - Fee: $ 402. (DeNinno, Andrew) (Entered: 06/20/2022), Docket(#15) WAIVER OF SERVICE Returned Executed. Lock believed that his responsibilities as medical director were limited to making sure the board of directors had information to make its own decisions. endobj Dr. Hyde's testimony regarding that matter was therefore improper under MRE 703. Lock explained that "credentialing packet[s]" were processed and given to the board of directors for decision. Plaintiff requests summons issued. 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. (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. Reversed and remanded for entry of judgment in favor of SIM. RT @Mrs_K_Suleiman: #PrinceHarry lawsuit against newspaper publisher set for May trial | Reuters DO NOT forget that Charles and William were very keen to find out how Harry's lawsuit was going.because it affects them but how deep does it affect them? 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. B. A motion for JNOV should be granted when the evidence, viewed in the light most favorable to the nonmovant, fails to establish a claim as a matter of law. 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. 636c and FRCP 73. During his investigation of this case, Dr. Hyde discovered why CMH suspended Dr. Sabit. 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. 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." 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. 11 0 obj (DeNinno, Andrew) (Entered: 06/13/2022), Exhibit 12 - New Clear Images, LLC Damages Chart, Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. Executive Ambulatory Surgical Center, LLC et al v. Allstate Fire and Casualty Insurance Company, No. Most of Dr. Hyde's testimony was therefore premised on facts that were not properly in evidence. See also Westland v. Okopski , 208 Mich.App. The loan's status was . Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. 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. Fax: (313) 565-4989. (Internal quotation marks supplied.). 636c and FRCP 73. Dr. Sabit told her that she needed surgery, specifically, a lumbar fusion and laminectomy. The Court observed that the Public Health Code imposed a duty on the owner, operator, and governing body of a hospital to. 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. 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. Search for your insurance provider. JHS MANAGEMENT, LLC in Canton, MI | Company Info & Reviews Still University, School of Osteopathic Medicine in Arizona Class of 1997 Certifications & Licensure MI State License 1999 - 2024 CONCLUSION. Thus, Dr. Hyde's testimony about the significance of Dr. Beaghler's disclosures and the steps SIM should have taken in response to the letter was not based on facts in evidence, contrary to MRE 703. Plaintiff continued to have persistent pain and was treating with one of Dr. Jagannathan's colleagues, a pain-management specialist. 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). Cancellation and Refund Policy, Privacy Policy, and Dr. Hai summarized: "[Dr. Sabit] had been practicing for 7, 8 years. 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. He graduated from At Still University Health Sciences/Kirksville College Of Osteopathic Medicine in 1997. Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC, were treated as a single entity throughout these proceedings. New Clear Images LLC, Jiab Suleiman, The Surgical Institute of Michigan LLC and Biomolecular Integrations Inc. in the U.S. District Court for the Eastern District of Michigan alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 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. 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. 2023-01-31, Palm Beach County 15th Judicial Circuit Courts | Other | 2022-03-22, U.S. District Courts | Contract | Boonstra, P.J., and Cavanagh and Gadola, JJ., concurred. Dr. Hai indicated that he reviewed Dr. Sabit's National Practitioner Data Bank report, which was clean in May 2011. Ctr., Inc. , 497 Mich. 251, 255, 865 N.W.2d 908 (2015). Comm. See also Teal , 283 Mich.App. 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. See Kelly v. Builders Square, Inc. , 465 Mich. 29, 38, 632 N.W.2d 912 (2001). 20 0 obj Dr. Jagannathan was still hopeful that she would continue to improve. As Dr. Hyde noted, the information was certainly available to Dr. Beaghler in May 2011. Dr. Jiab H Suleiman - Orthopedic Surgery, Dearborn MI - HealthCare4PPL Jiab Suleiman D.O., P.C. 22 0 obj Phone: (313) 789-5328. 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). 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. at 667, 673, 584 N.W.2d 747. 2:22-CV-12736 | 2022-11-10, U.S. District Courts | Contract | Make your practice more effective and efficient with Casetexts legal research suite. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 18>> 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. Over SIM's objection, Dr. Hyde was also permitted to testify about the reasons for Dr. Sabit's suspension, which he discovered in an opinion issued by the California Court of Appeals in 2015. 16 0 obj 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. Lock's attention to SIM's bylaws regarding summary suspensions, which used the term in a similar manner as Dr. Hyde. 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. (Geroux, Debra) (Entered: 07/19/2022), (#18) NOTICE of Appearance by Barrett Young on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. 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. 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. MCR 2.511 sets forth the procedures for jury selection, including the process of exercising challenges for cause or peremptorily. Insurance Check. Jiab Suleiman, M.S., D.O., is a US trained board-certified orthopedic surgeon. Co. of America , 237 Mich.App. endobj 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. 2:18-CV-14093 | 2018-12-31, U.S. District Courts | Contract | 2023-01-31, El Paso County District Courts | Personal Injury | The second copy included the above underlining added by hand. 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. See MCL 600.2169(1) ; MCR 2.116(C)(10) ; Nelson v. American Sterilizer Co. , 223 Mich.App. A trial court's evidentiary rulings are generally reviewed for an abuse of discretion, but preliminary questions of law are reviewed de novo. 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. ID 807-15); (2) the ALJ's assessment of Amir's subjective complaints were supported by substantial evidence (id., Pg. A $25 million lawsuit has been filed against two doctors and a surgery center in Westland for allegedly performing fake surgeries. He is affiliated with medical facilities such as Garden City Hospital and Beaumont Hospital Taylor. See Attard , 237 Mich.App. 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. ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named CRESCENT HOLDINGS LLC Search All Michigan Companies 311, 321, 602 N.W.2d 633 (1999). 2:22-CV-11826 | 2022-08-08, Volusia County Courts | Other | Phone: (313) 792-8350. endobj waiver sent on 6/10/2022, answer due 8/9/2022. Dr. Jagannathan also explained that when a nerve has been pinched for four or five years without proper treatment, the chances of improvement are much lower. 2 ], is therefore DEN IED. Additionally, SIM should have assessed Dr. Sabit's application to see if he truthfully disclosed the same issues. 18 0 obj Thus, SIM argued, the court should strike plaintiff's credentialing expert because his opinions would be speculative and would not have a basis in record evidence. 1, 14. at 255-256, 865 N.W.2d 908. endobj (Eppel, Theodore) (Entered: 07/19/2022), Docket(#19) NOTICE of Appearance by Debra A. Geroux on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. People v. Fisher , 449 Mich. 441, 449-450, 537 N.W.2d 577 (1995). SIM responded that the credentialing file was privileged and protected from disclosure under MCL 333.21515. (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. Dr. Suleiman graduated from the A T Still University Kirksville College of Osteopathic Medicine in 1997. 15 0 obj Although there were several entries regarding Dr. Sabit, none of them were recorded before SIM granted Dr. Sabit privileges. sponsers an employee benefit plan and files Form 5500-SF short form annual return/report. Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. 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. Dr. Jiab Suleiman, Orthopedic Surgeon in Dearborn | Patient Reviews 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. Serv. Jiab Suleiman, DO is located at 17000 Executive Plaza Dr STE 101 in Dearborn, Michigan 48126. 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. at 161, 369 N.W.2d 826. Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. 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. The magistrate judge recommended the following findings: (1) the ALJ properly evaluated the opinion of orthopedic surgeon Dr. Jiab Suleiman (id., Pg. We will check for: endobj We therefore conclude that the judgment against SIM must be reversed.