jiab suleiman lawsuit

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. 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. endobj The plain language of MCL 333.20175(8) limited the use of those materials to purposes provided in Article 17. Jiab Suleiman specializes in diagnosis and treatment of orthopedic problems like arthritis, fractures, back pain. <> 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. at 200, 670 N.W.2d 675 (citations omitted). Leslie v. Allen-Bradley Co., Inc. , 203 Mich.App. ID 797-807); and (3) at step five of the five-step analysis found at 20 C.F.R. The credentialing file included a series of letters that formed the primary evidentiary basis for plaintiff's case against SIM. That was not true, and she continued to feel pain months later. 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. The employer identification number (EIN) for Jiab Suleiman, D.o., P.c. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 7>> STANDARD OF REVIEW AND GENERAL PRINCIPLES. at 321, 602 N.W.2d 633. Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC, were treated as a single entity throughout these proceedings. 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. In the first, SIM moved for separate trials with respect to the negligent-credentialing claim against it and the medical malpractice claims against Drs. waiver sent on 6/10/2022, answer due 8/9/2022. Dr. Jiab Suleiman, DO, Orthopedic Surgery Specialist - Sharecare Dr. Sabit submitted an application for surgical privileges at SIM on or about April 29, 2011. DeBeaudry never saw a written response from Dr. Sabit and was not aware of one existing. Id. SIM disagreed that Dr. Sabit's default could be imputed to it. Juliet James on Twitter: "RT @Mrs_K_Suleiman: #PrinceHarry lawsuit A trial court's evidentiary rulings are generally reviewed for an abuse of discretion, but preliminary questions of law are reviewed de novo. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY. He is affiliated with medical facilities such as Garden City Hospital and Beaumont Hospital Taylor. In their supplemental briefing, plaintiff argued that the trial court was obligated to ascertain and implement the jury's intent, which was to add 12% precomplaint interest to the amounts awarded for past damages, while SIM argued that it was impossible to harmonize the jury's attempt to award precomplaint interest with its failure to designate which portion of past damages were attributed to the precomplaint time frame. 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. 636c and FRCP 73. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 18>> 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). Part of her duties was to gather information regarding physicians who applied for staff privileges at SIM and point out any "red flags" or concerning material in the gathered information. (DeNinno, Andrew) (Entered: 06/27/2022), Docket(#16) CERTIFICATE of Service/Summons Returned Executed. 8 0 obj (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#14) WAIVER OF SERVICE Returned Executed. 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. Dr. Jane Boruta, MD. [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. 566, 571, 918 N.W.2d 545 (2018). Id. Yet there was no evidence that anyone at SIM reached out to Dr. Beaghler or anyone else at CMH again. Although we conclude that the credentialing file was privileged and should not have been the subject of discovery or admitted into evidence at trial, the fact remains that, in this case, the file was produced under the trial court's order and at least parts of it were made part of the lower court record and were addressed and disclosed in the briefs on appeal. 349759). He received his Medical degree from Kirksville College of Medicine in Missouri. endobj 490, 510, 780 N.W.2d 900 (2009) (noting that "i[f] defendants felt that plaintiffs did not have the evidence to support their burden of proof for a traditional medical malpractice claim, defendants should have moved for summary disposition , directed verdict , or JNOV on the basis that plaintiffs evidence was insufficient to prove by a preponderance that Bixler's malpractice caused Taylor's injuries") (emphasis added). Dr. Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. The trial court erred by compelling its production and admitting it at trial. On May 20, 2011, SIM sent a letter to Dr. Sabit indicating that CMH had raised issues that required further investigation before privileges could be granted. 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. See Mich. Gas Utilities v. Pub. Dr. 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. It also referenced two specific instances in which Dr. Sabit did not render appropriate medical care. Plaintiff felt "destroyed" by what she went through. In summary, the trial court improperly ordered the production and admission of SIM's credentialing file. She did not consider herself an expert in credentialing, but she was knowledgeable about preparing or gathering documentation for credentialing purposes. Damages Chart, Exhibit 10 - Jiab Suleiman D.O., P.C. Dr. (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. In the spring of 2018, Dr. Jagannathan operated on plaintiff again to decompress the area adjacent to the fusion level. at 256, 865 N.W.2d 908. Restaurants & Taverns LLC , 323 Mich.App. (Young, Barrett) (Entered: 07/19/2022), (#17) CERTIFICATE of Service/Summons Returned Executed. 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." The CT did, however, show an interspinous plate at L4-L5. 2023-02-22, El Paso County Courts | Personal Injury | [Dkt. 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." Jiab H Suleiman, 53 - Dearborn, MI - Has Court or Arrest Records 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. It is undisputed that SIM is a freestanding surgical outpatient facility, as defined by MCL 333.20104(7), and therefore also a health facility or agency under MCL 333.20106(1)(c). " 10 0 obj EIN 01-0719076 - Jiab Suleiman, D.o., P.c., Dearborn, Michigan The practitioner's primary taxonomy code is 207X00000X with license number 5101013467 (MI). MCR 2.611(A)(1)(a). 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. The magistrate judge recommended the following findings: (1) the ALJ properly evaluated the opinion of orthopedic surgeon Dr. Jiab Suleiman (id., Pg. x\[o~yQ+M6M(vM33| E_dH%Qp83$}OQ{:>|=?::_zG7;GwOS,z>;>=a_8`?q3xp0x'9|Jw{=>~4"*uo#^#LQaIu$5VSbYRxQ Public Records Policy. #MyPalaceSource. Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022), U.S. District Courts | Other | <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 13>> EIN for organizations is sometimes also referred to as taxpayer identification number or TIN. PPP Loan Data Jiab Suleiman, DO, PC, Dearborn, MI - FederalPay Id. However, the specific provision is set forth in Part 215 of Article 17, which addresses matters related to the narrower category of entities that constitute hospitals. The evidence was otherwise insufficient to meet plaintiff's burden of proof regarding the standard of care and proximate cause. PDF Order on Non-party'S Motion to Quash Subpoenas and For a Protective Id. Jiab Suleiman, DO, MS, is a board-certified orthopedic surgeon offering his expertise to patients in Canton and Dearborn, Michigan, at Premier Orthopedics. Plaintiff testified that, in reality, she felt no improvement. Plaintiff believed her recovery from the March 24, 2016 surgery progressed as expected. Jiab Suleiman, DO is an orthopedic surgeon who practices at Jiab Suleiman, DO Practice located at 2050 N Haggerty Rd in Canton, MI 48187 (Wayne County). Dr. Sabit told her that she needed surgery, specifically, a lumbar fusion and laminectomy. We reverse and remand for entry of judgment in favor of SIM. Dr. Jiab Suleiman, DO, Orthopedic Surgery | Dearborn, MI | WebMD to Respond to Complain by 9/09/2022. Dr. Hai also opined that if SIM had denied Dr. Sabit's application, it would not have caused his privileges elsewhere to be revoked. About JIAB SULEIMAN, DO, P.C. 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). 2:22-CV-12736 | 2022-11-10, U.S. District Courts | Contract | endobj By October 2012, Dr. Sabit was falsely reporting in his records that plaintiff had a complete resolution of her symptoms. Dr. Jagannathan recently performed a third surgery on plaintiff's back earlier in 2018. Hazel Park Medical Center. Internal Medicine. Dye v. St. John Hosp. Providers Overview Location Reviews. 19 0 obj 2:23-CV-00410 | 2023-02-01, Palm Beach County 15th Judicial Circuit Courts | Contract | Although Dr. Beaghler's letter was not automatically inadmissible on this basis, see Dye , 230 Mich.App. PDF COA 349759 NOEL DORSEY V SURGICAL INSTITUTE OF MICHIGAN LLC Opinion County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. Id. Damages Chart, #13 Exhibit 12 - New Clear Images, LLC Damages Chart, #14 Exhibit 13 - Biomolecular Integrations, Inc. Bynum v. ESAB Group, Inc. , 467 Mich. 280, 283, 651 N.W.2d 383 (2002). 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. 4 at 28.] PDF United States Department of Labor Employees Compensation Appeals - DOL 636c and FRCP 73. 673 (1939) ("It is indispensable to a fair trial that a litigant be given a reasonable opportunity to ascertain on the voir dire whether any of the jurors summoned are subject to being challenged for cause or even peremptorily."). 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. After closing arguments were presented on behalf of plaintiff and Dr. Suleiman, SIM orally moved for separate juries. endobj Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022). During discovery, plaintiff filed a motion to compel asserting that SIM failed to produce certain requested documents, including Dr. Sabit's application for privileges, credentialing reviews conducted by SIM with respect to Dr. Sabit, and other documents demonstrating that Dr. Sabit was appropriately trained and licensed. 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. You can find contact information like phone number, practice website, office address and reviews for Dr. Jiab Suleiman on HealthSoul. However, the first sections of both Part 215 (regarding hospitals) and Part 201 (the general provisions applicable to Article 17) incorporate the principles of construction set forth in Article 1 of the Public Health Code. Plaintiff's complaint also raised claims against Dr. Jiab Hasan Suleiman and his practice, Jiab Suleiman, D.O., PC, doing business as Premier Orthopedics. The trial court ultimately determined that the jury intended to comply with its instructions, which required it to include only precomplaint interest, and therefore construed the verdict as awarding 12% interest from February 8, 2012 (date of surgery) through December 1, 2016 (plaintiff's complaint). Dr. Hai testified that there was "absolutely no indication [from Dr. Beaghler] that we needed to pursue anything further." A. Nearly a decade later, this Court considered the statutory privilege in the context of a medical malpractice action involving a negligent-credentialing theory. Jiab Suleiman DO PC - Dearborn, MI 48126 - Yellow Pages endobj Biomolecular Integrations, Inc. served on 6/23/2022, answer due 7/14/2022. 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." at 664, 665-666, 584 N.W.2d 747. [Dkt. 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. 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. 15 0 obj 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. To the contrary, SIM raised numerous objections regarding Dr. Beaghler's absence and the hearsay contents of his letter at trial. The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. Jiab Suleiman, DO PC, Canton, MI - Healthgrades Evidentiary rulings are generally reviewed for an abuse of discretion, Mueller , 323 Mich.App. AboutJiab Suleiman, DO. Call Dr. Jiab H Suleiman on phone number (313) 565-4948 for more information and advice or to book an appointment. Because Dr. Hyde was the only expert to testify regarding the applicable standard of care and proximate cause, his testimony was critical to plaintiff's case. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 19>> Generally, a party that has taken a legal position and prevailed in an earlier proceeding may not assert a contrary position in the same or related litigation. 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. At oral argument on November 29, 2018, SIM explained that it was inappropriate to apply a 12% interest rate to the past damages awards because the amount awarded for each category of damages included damages from the date of plaintiff's injury to the time of trial, while precomplaint interest was only applicable to the period between an injury and the filing of a complaint. 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." 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. Dorsey v. Surgical Institute of Michigan, LLC - Casetext 3-2.] From his response and the rest of the credentialing file, the board of directors saw no reason to follow up with Dr. Beaghler. , 230 Mich.App. 0 Ratings. between Awaisi on behalf of Orthopedic, Melissa El Khoury, and Jiab Suleiman, D.O.). SIM argued that there was no evidence that Dr. Sabit submitted a written response, and SIM's medical director testified that he had no recollection of having seen any such response. endobj <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 15>> (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#13) WAIVER OF SERVICE Returned Executed. Dr. Jiab H Suleiman, DO - Dearborn, MI - Hip and Knee Orthopedic Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. But there is no evidence of any such stipulation in the record. 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 asserted a . & Med. endobj Phone Address 17000 Executive Plaza Drive, 101 Premiier Orthopedics, Dearborn, MI 48126-2793 Office Details Get Directions Insurance Accepted Medicare NOTE: Please contact the doctor's office to confirm your coverage before making an appointment. Lock did not know if he underlined the criticisms in Dr. Beaghler's letter, but explained, "[H]ad I seen a letter like that I would immediately bring it to the Board's attention so that they could deal with it ." Although Dr. About Dr. Suleiman Bio ALLSTATE INSURANCE COMPANY et al v. ORTHOPEDIC, P.C. et al endobj Dr. Jiab Suleiman, Orthopedic Surgeon in Dearborn | Patient Reviews Dr. Hyde noted that CMH did not know what Dr. Sabit had already disclosed and would have assumed Dr. Sabit was forthcoming. The trial court denied plaintiff's motion to admit the opinion as an exhibit. On the whole, we conclude that despite the placement of MCL 333.21515 in Part 215 alongside other provisions applicable to hospitals, the Legislature's reference to the review functions described in Article 17, as opposed to Part 215, evidences its intent to extend the statutory privilege for peer-review materials to all health facilities and agencies with review functions imposed by Article 17. Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. "), there is no indication that plaintiff acquired the letter from a source independent of the credentialing file. 311, 321, 602 N.W.2d 633 (1999). at 165-166, 369 N.W.2d 826. Dr. Jiab H. Suleiman, DO | Dearborn, MI | Orthopedist | US News Doctors Dr. Sabit was further advised that SIM might request his personal appearance before the medical executive committee to discuss the matter if his written response was deemed insufficient. He had [a] Michigan license, he had [a] California license, he has [a] license in New Jersey, and there was nothing outstanding that we could see in paper.". <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> This Court found the defendant's position persuasive, agreeing that it was supported by the plain meaning of the statutory privilege. 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. He also talked about hardware that would be placed during the surgery. 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. Albert J. Dib and Barbara H. Goldman for Noel Dorsey. endobj Nonetheless, as explained above, the credentialing file was inadmissible. Lock could not say that he understood Dr. Sabit was suspended for reasons implicating patient safety because "I'm not sure I remember reading that letter from way back 6 years ago." waiver sent on 6/10/2022, answer due 8/9/2022. 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. "A litigant's right to trial before an impartial jury requires that he be given an opportunity to obtain the information necessary to challenge individuals for cause or peremptorily." 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. Receipt No: AMIEDC-8940305 - Fee: $ 402. Before: Boonstra, P.J., and Cavanagh and Gadola, JJ. Jiab Suleiman, DO, PC in Dearborn, MI received a Paycheck Protection Loan of $168,200 through Citizens Bank, National Association, which was approved in April, 2020. If you do not agree with these terms, then do not use our website and/or services. People v. Fisher , 449 Mich. 441, 449-450, 537 N.W.2d 577 (1995). Unambiguous statutory language must be enforced as written and no judicial construction is required or permitted. ({K@kZc~-8\OJxZtZskGq 3Wt)@#hk[CE h@Wf)W2L/\E][ l{v . However, it still made findings regarding plaintiff's damages for purposes of the directed verdict against Dr. Sabit. 350 Granite St., Suite 2204 Braintree, MA 02359 Nathan Tilden Attorney at King, Tilden, McEttrick & Brink, P.C. In reaching that conclusion, the Court rejected the plaintiff's contention that the privilege did not extend to materials used in deciding whether to grant staff privileges in the first instance, as opposed to a retrospective review of a past event or issue.
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