at 256, 865 N.W.2d 908. In the midst of trial, SIM also filed a written motion in limine to exclude its credentialing file from evidence. Id. Dr. Sabit performed the surgery at SIM on February 8, 2012. <> Due to this perceived financial relationship between the Judgement Debtors and Suleiman, Allstate subpoenaed Suleiman's financial records from JPMorgan Chase Bank ("Chase") pursuant to Federal Rules of Civil Procedure 45 and 69 on August 12, 2021. Public Records Policy. to Respond to Complain by 9/09/2022. Reversed and remanded for entry of judgment in favor of SIM. Aetna; Humana; Help Improve Healthgrades 9 0 obj Racketeer Influenced & Corrupt Organizations Act (RICO) - 18 USC 1961-1968, Allstate Insurance Company et al v. Executive Ambulatory Surgical Center, LLC et al, (#13) WAIVER OF SERVICE Returned Executed. During the surgery, Dr. Jagannathan was able to confirm that none of the procedures described in Dr. Sabit's operative report had actually been done. endobj at 664, 665-666, 584 N.W.2d 747. 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. 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. 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." Aria Omar Sabit performed on plaintiff, Noel Dorsey, at SIM on February 8, 2012. Nothing in the pertinent language of MCL 333.20175(8) suggests that the privilege does not extend to a freestanding surgical outpatient facility exercising the same credentialing-review function under MCL 333.20813(c) that a hospital performs under MCL 333.21513(c). 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. <> Premier Orthopedics is a provider established in Dearborn, Michigan operating as a Orthopaedic Surgery. We therefore conclude that the judgment against SIM must be reversed. 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). Phone: (313) 792-8350. Lock's explanations about various pieces of information that were not appropriately acted upon made it clear that he did not know the credentialing process. He noted disc degeneration at L4-L5 and decided to remove the interspinous plate and replace it, "along with doing the transforaminal lumbar interbody fusion with PEEK structural allograft at L4-[L]5." (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. SIM also argues that it was entitled to JNOV because Michigan does not recognize negligent credentialing as a cause of action. This matter arises from a surgery codefendant Dr. Lock agreed that he did not contact Dr. Beaghler at all. Accordingly, the file was not subject to discovery and should not have been admitted at trial. 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. Although it was possible that the allegations were not credible, SIM needed to follow up with CMH. (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. 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. Sabit and Suleiman. 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." 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. Hazel Park Medical Center. (DeNinno, Andrew) (Entered: 06/13/2022), (#14) WAIVER OF SERVICE Returned Executed. Recognizing the precedent established in Attorney General and Dye , this Court again confirmed in Johnson v. Detroit Med. At any rate, the only basis for admission of Dr. Beaghler's letter at trial was as part of the credentialing file that should have been excluded from evidence under MCL 333.20175(8) and MCL 333.21515. JIAB SULEIMAN Agent 42627 Woodwind Lane Canton, MI 48188 Reviews Write Review There are no reviews yet for this company. 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. Plaintiff requests summons issued. Bunda v. Hardwick , 376 Mich. 640, 659, 138 N.W.2d 305 (1965), citing Const. [Dkt. Plaintiff testified that Dr. Suleiman referred her to Dr. Sabit on January 11, 2012, for severe back pain. In a memorandum dated May 10, 2018, OWCP noted that it would obtain a new impartial MCR 2.611(A)(1)(a). Dr. 15 0 obj SIM's credentialing file regarding Dr. Sabit was protected by a statutory peer-review privilege under MCL 333.20175(8) and MCL 333.21515. The trial court denied SIM's motion, but declared that only evidence that was or should have been available at the time of SIM's credentialing decision could be admitted at trial. 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. Id. endobj Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. ID 797-807); and (3) at step five of the five-step analysis found at 20 C.F.R. Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. 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. Dr. Further, had the trial court not granted plaintiff's motion to compel discovery of the credentialing file and subsequently denied SIM's motion to strike plaintiff's expert testimony, SIM would have been entitled to judgment as a matter of law before trial even began. Woodard v. Custer , 473 Mich. 1, 6, 702 N.W.2d 522 (2005) ; Teal v. Prasad , 283 Mich.App. On November 14, 2018, plaintiff moved for entry of a judgment against SIM, Dr. Sabit, and MBSPG, jointly and severally. 2 ], is therefore DEN IED. 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. Rather, the logical significance of the letter was the effect the disclosures had on SIM's decision to grant Dr. Sabit privileges. impairment. 636c and FRCP 73. Providers Overview Location Reviews. Lock believed that his responsibilities as medical director were limited to making sure the board of directors had information to make its own decisions. waiver sent on 6/10/2022, answer due 8/9/2022. New Clear Images, LLC, Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan, Jiab Suleiman, The Surgical Institute of Michigan, LLC * (DAll) June 9, 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. 566, 571, 918 N.W.2d 545 (2018). This Court has held that "there is no different standard of review regarding [a] summary disposition motion, [a] motion for a directed verdict, and [a] JNOV motion" when there is no "genuine and material difference" in the evidence underlying each motion. PLAINTIFF DID NOT ESTABLISH A PRIMA FACIE CASE FOR NEGLIGENT CREDENTIALING BASED ON ADMISSIBLE EVIDENCE. Issues of statutory interpretation are reviewed de novo. SIM therefore asked Dr. Sabit to respond in writing to address that issue. Id. 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. As noted earlier, the jury determined that Dr. Suleiman was not professionally negligent. Comm. See Mich. Gas Utilities v. Pub. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 165, 168, 804 N.W.2d 754 (2010), that "a credentialing committee is a peer review committee" to which a privilege is afforded. 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. Lock did not remember Dr. Beaghler's letter, he agreed that he must have read it because he referenced it in a subsequent letter to Dr. Sabit. (quotation marks and citation omitted; alteration in original). Yes, Dr. Jiab H. Suleiman is accepting new patients at this office. Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. Plaintiff was able to function to some extent at home, but she could not drive, rarely left the house, and no longer participated in her children's extracurricular activities or attended church. 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. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy.
Guitar Center Distribution Center Locations,
Por Que Mi Gato No Quiere Entrar A La Casa,
Articles J