Dr. Hai indicated that he reviewed Dr. Sabit's National Practitioner Data Bank report, which was clean in May 2011. Feyz v. Mercy Mem. endobj 636c and FRCP 73. Search for your insurance provider. People v. Fisher , 449 Mich. 441, 449-450, 537 N.W.2d 577 (1995). With respect to future damages, the jury also awarded plaintiff $5,000 per year from 2018 to 2055 for noneconomic damages, $18,000 per year from 2018 to 2055 for medical expenses, and $40,000 per year from 2018 to 2039 for loss of earning capacity. Phone: (313) 792-8350. The plate he removed could have been used as part of a lumbar interbody fusion, but merely placing the plate without performing the necessary disc work would not suffice. Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022). Following a July 19, 2018 hearing, the trial court denied that motion on the basis of plaintiff's proffer of its expert-witness testimony. 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. Jiab Suleiman Rakesh Ramakrishnan Attorney/Law Firm Details Plaintiff Attorneys Brad Compston Attorney at King, Tilden, McEttrick & Brink, P.C. Plaintiff's back pain persisted after the procedure. Education & Training A.T. 8 0 obj 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. Issues of statutory interpretation are reviewed de novo. 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. . 2023-01-31, El Paso County District Courts | Personal Injury | to Respond to Complain by 9/09/2022. 4 at 28.] endobj Sabit and Suleiman. Dr. Plaintiff believed her recovery from the March 24, 2016 surgery progressed as expected. Dr. Dr. Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. Nonetheless, as explained above, the credentialing file was inadmissible. B249793), p. 1, 2015 WL 1954590 (alteration in original). Accordingly, the file was not subject to discovery and should not have been admitted at trial. This Court also previously denied a motion to seal the credentialing file. 2023-02-22, Orange County Florida Courts | Small Claim | III. As part of their credentialing process, SIM sent a letter to CMH requesting verification of Dr. Sabit's status there and a summary of any disciplinary actions within the previous five years. Specialities Plaintiff's complaint also raised claims against Dr. Jiab Hasan Suleiman and his practice, Jiab Suleiman, D.O., PC, doing business as Premier Orthopedics. [Dkt. Next to each of these awards, the verdict form included a notation that said, "+12%." 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. endobj (DeNinno, Andrew) (Entered: 06/13/2022), DocketA United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 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. SIM maintains on appeal that this portion of Dr. Hyde's testimony also lacked a factual basis in record evidence and was speculative in the absence of testimony from Dr. Beaghler. In support of her motion, plaintiff submitted a report from Nitin V. Paranjpe, Ph.D., regarding the foregoing calculations and Dr. Paranjpe's curriculum vitae reflecting his background in economics. % Because that proffer was based on the contents of the inadmissible credentialing file, the trial court should have granted SIM's motion for summary disposition. 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. Dr. Beaghler provided a written response after the release was returned. , it could not rely on the confidentiality provision in MCL 333.21515. Responding to this type of inquiry, a hospital would generally summarize information without providing a detailed explanation of everything in Dr. Sabit's record. Why is this public record being published online? Finally, one place to get all the court documents we need. 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. 16 0 obj Dr. Jiab Suleiman may order tests like X-rays, CT scan, MRI for correct diagnosis. Make your practice more effective and efficient with Casetexts legal research suite. The applicability of MCL 333.21515 presents a closer question. See Johnson , 291 Mich.App. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 3>> Executive Ambulatory Surgical Center, LLC waiver sent on 6/10/2022, answer due 8/9/2022. 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." 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." endobj 1962 (c) and (d), common-law fraud, civil conspiracy, payment under mistake <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 16>> 2023-01-31, Palm Beach County 15th Judicial Circuit Courts | Other | SIM opposed plaintiff's motions, denying that it removed or destroyed anything from the credentialing file before producing it to plaintiff. SIM acknowledged that the trial court had already denied a motion in limine from Dr. Suleiman regarding the same issue, but asked it to revisit the issue because MCL 333.20175(8) provided a statutory privilege protecting credentialing files from use at trial. Lock did not recall ever seeing Dr. Sabit's response. See Fedorinchik v. Stewart , 289 Mich. 436, 438-439, 286 N.W. (DeNinno, Andrew) (Entered: 06/13/2022), A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 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. A trial court's evidentiary rulings are generally reviewed for an abuse of discretion, but preliminary questions of law are reviewed de novo. Rakesh Ramakrishnan, M.D., P.C. The CT did, however, show an interspinous plate at L4-L5. Receipt No: AMIEDC-8940305 - Fee: $ 402. 384, 394, 772 N.W.2d 57 (2009). endobj Insurance Check. 17 0 obj Albert J. Dib and Barbara H. Goldman for Noel Dorsey. That was not true, and she continued to feel pain months later. (DeNinno, Andrew) (Entered: 06/08/2022), (#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. Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. We therefore need not reach the remaining issues that are raised on appeal. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 0>> Dr. Suleiman submitted a report dated April 24, 2018, which did not provide an impairment rating. 661, 663-664, 584 N.W.2d 747 (1998). 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. 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 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. Dr. Hyde was the only expert witness to testify about the standard of care and proximate cause at issue in the negligent-credentialing portion of the trial. 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. JIAB SULEIMAN Agent 42627 Woodwind Lane Canton, MI 48188 Reviews Write Review There are no reviews yet for this company. Jiab Suleiman, D.o., P.c. The trial court denied plaintiff's motion to admit the opinion as an exhibit. at 200, 670 N.W.2d 675 (citations omitted). The first, presumably original, copy did not have the underlining reflected in the above quotation. SIM argued that separate trials would prevent SIM from unnecessarily having to participate in a lengthy medical malpractice trial, there was little overlap between the proofs for each respective claim, and that SIM would be unfairly prejudiced if plaintiff was "permitted to smear and taint the jury's consideration of SIM's credentialing decisions with the post-credentialing misdeeds of Dr. Mich. 2022) case opinion from the Eastern District of Michigan US Federal District Court 175, 200, 670 N.W.2d 675 (2003) ; Miller v. Hensley , 244 Mich.App. Id. 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. 2022-03-22, U.S. District Courts | Contract | Plaintiff filed this lawsuit in 2016 after learning from another neurosurgeon that the described procedures were not actually performed. Jiab intends to offer opinions on the cause of Mason's injury, the medical necessity of the surgery he performed, and the reasonable and customary nature of the charges for the treatment rendered. Rather, the logical significance of the letter was the effect the disclosures had on SIM's decision to grant Dr. Sabit privileges. 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. endobj 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. 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. 195, 223, 755 N.W.2d 686 (2008) (quotation marks and citation omitted). AboutJiab Suleiman, DO. Dr. Sabit told her that she needed surgery, specifically, a lumbar fusion and laminectomy. 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. CMH responded with a request for Dr. Sabit to sign a comprehensive release permitting disclosure of information. The court also determined that plaintiff was required to prove that Dr. Sabit committed malpractice as part of her negligent-credentialing claim against SIM, plaintiff could not rely on Dr. Sabit's default for that purpose, and SIM was free to dispute Dr. Sabit's malpractice as part of its defense. Co. of America , 237 Mich.App. endobj Jiab Suleiman DO PC has not yet specified accepted insurance plans. Plaintiff continued to have persistent pain and was treating with one of Dr. Jagannathan's colleagues, a pain-management specialist. (Internal quotation marks supplied.). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 2>> THE CREDENTIALING FILE WAS ADMITTED IN ERROR. Plaintiff testified that, in reality, she felt no improvement. Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. SIM argues that it is entitled to JNOV because of the improper admission of the credentialing file. In a memorandum dated May 10, 2018, OWCP noted that it would obtain a new impartial MCR 2.511 sets forth the procedures for jury selection, including the process of exercising challenges for cause or peremptorily. The court also indicated that the claims against Drs. 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 agree. Only plaintiff's medical malpractice claim against SIM, premised on a negligent-credentialing theory, is at issue in this appeal. The court then entered a judgment against Dr. Sabit, MBSPG, and SIM, jointly and severally. SIM objected on several grounds, including its assertion that the amounts awarded by the jury for past damages included interest within the stated figures. s -e5-l5h++9

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