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. Dr. John Charles Hyde, II, testified as an expert for plaintiff in credentialing and physician privileges. waiver sent on 6/10/2022, answer due 8/9/2022. Rakesh Ramakrishnan, M.D., P.C. 2023-01-31, Palm Beach County 15th Judicial Circuit Courts | Other | Id. 18 0 obj She underwent surgery with Dr. Jagannathan on March 24, 2016, and had not been able to return to work since then. (Tilden, Nathan) (Entered: 06/08/2022), (#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. 3-2.] 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. 538, 546 n. 3, 619 N.W.2d 66 (2000) ; see also Taylor v. Kent Radiology PC , 286 Mich.App. Moore v. Detroit Entertainment, LLC , 279 Mich.App. 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. , 475 Mich. 663, 680-681, 719 N.W.2d 1 (2006), citing MCL 333.21515 and MCL 333.20175(8). at 395, 772 N.W.2d 57 ("[T]here must be facts in evidence to support the opinion testimony of an expert.") 350 Granite St., Suite 2204 Braintree, MA 02359 Nathan Tilden Attorney at King, Tilden, McEttrick & Brink, P.C. SIM objected to Dr. Hyde's testimony regarding this subject on hearsay, foundation, and relevancy grounds, but the trial court overruled the objections. at 255-256, 865 N.W.2d 908. The trial court opined that a second jury would still be exposed to the same information because it was a necessary component of proximate cause on the negligent-credentialing claim. AboutJiab Suleiman, DO. (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. Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. 566, 571, 918 N.W.2d 545 (2018). 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. 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. Jiab Suleiman, DO can be contacted via phone at (313) 261-2060 for pricing, hours and directions. to Respond to Complain by 9/09/2022. (Eppel, Theodore) (Entered: 07/19/2022), (#19) NOTICE of Appearance by Debra A. Geroux on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. In the spring of 2018, Dr. Jagannathan operated on plaintiff again to decompress the area adjacent to the fusion level. (Tilden, Nathan) (Entered: 06/08/2022), Docket(#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. 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). Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. Woodard v. Custer , 473 Mich. 1, 6, 702 N.W.2d 522 (2005) ; Teal v. Prasad , 283 Mich.App. The court agreed that the "+12%" interest notation could be interpreted in more than one way and asked the parties for additional briefing regarding potential conflicts between jury instructions and a verdict form. Id. But there is no evidence of any such stipulation in the record. Dr. Sabit submitted an application for surgical privileges at SIM on or about April 29, 2011. As such, the peer-review privilege in MCL 333.21515 applies to SIM. Albert J. Dib and Barbara H. Goldman for Noel Dorsey. (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. Plaintiff felt "destroyed" by what she went through. Dr. Hai testified that there was "absolutely no indication [from Dr. Beaghler] that we needed to pursue anything further." (DeNinno, Andrew) (Entered: 06/27/2022), (#16) CERTIFICATE of Service/Summons Returned Executed. Albert J. Dib and Barbara H. Goldman for Noel Dorsey. 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. The eight-day jury trial began on October 9, 2018, with the first five days devoted exclusively to the medical malpractice claims against Drs. 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. 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. endobj endobj 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. 2023-02-22, Orange County Florida Courts | Small Claim | 1963, art. B249793), p. 1, 2015 WL 1954590 (alteration in original). 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. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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." SIM argued that the court could not assume that the jury would have calculated damages and interest in the same manner as plaintiff's economist. SIM opposed plaintiff's motions, denying that it removed or destroyed anything from the credentialing file before producing it to plaintiff. 2:18-CV-14094 | 2018-12-31, U.S. District Courts | Contract | According to Sabit , the written notice of Dr. Sabit's suspension also "referred to two instances where Sabit allegedly did not render appropriate medical care to patients." Insurance Check. Only plaintiff's medical malpractice claim against SIM, premised on a negligent-credentialing theory, is at issue in this appeal. (Geroux, Debra) (Entered: 07/19/2022), (#18) NOTICE of Appearance by Barrett Young on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. Bunda v. Hardwick , 376 Mich. 640, 659, 138 N.W.2d 305 (1965), citing Const. 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. endobj ", Dr. Hai did not believe that anything in Dr. Beaghler's letter was alarming or justified denying Dr. Sabit's application for privileges. (DeNinno, Andrew) (Entered: 06/08/2022), Docket(#4) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Allstate Insurance Company identifying Corporate Parent The Allstate Corporation for Allstate Insurance Company. That was not true, and she continued to feel pain months later. See other contact addresses. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. We therefore need not reach the remaining issues that are raised on appeal. Leslie v. Allen-Bradley Co., Inc. , 203 Mich.App. Payment method discover, amex, check, all major credit cards Neighborhood 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. Mich. 2022) case opinion from the Eastern District of Michigan US Federal District Court 2:2021cv10985 - Document 63 (E.D. SIM also cited MCL 333.21515 and MCL 333.20175 in its written objections to plaintiff's request for production relating to personnel files, as well as a motion for protective order. The ordeal had taken a toll on plaintiff's marriage, as she struggled with emotional turmoil and could not play much of a role with her family. 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. Specialties: Hip and Knee Orthopedic Surgery, Orthopedic Surgery, Shoulder and Elbow Orthopedic Surgery. Jiab Suleiman is on Facebook. Co. of America , 237 Mich.App. PLAINTIFF DID NOT ESTABLISH A PRIMA FACIE CASE FOR NEGLIGENT CREDENTIALING BASED ON ADMISSIBLE EVIDENCE. He graduated from At Still University Health Sciences/Kirksville College Of Osteopathic Medicine in 1997. Dr. 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). SIM therefore argues that JNOV is warranted because, without the credentialing file, there was insufficient evidence to create a jury question. (313) 565-4948. (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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 12>> <> 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. 23411 John R Rd Ste 1, Hazel Park, MI 48030 (248) 399-8331. See MCL 600.2169(1) ; MCR 2.116(C)(10) ; Nelson v. American Sterilizer Co. , 223 Mich.App. endobj When Dr. Sabit was granted privileges, Dr. Dr. Biomolecular Integrations, Inc. served on 6/23/2022, answer due 7/14/2022. , 230 Mich.App. Mueller v. Brannigan Bros. Most of Dr. Hyde's testimony was therefore premised on facts that were not properly in evidence. Lock said, "I'm not sure I understand what summary suspension means." 576, 583, 505 N.W.2d 27 (1993). at 256, 865 N.W.2d 908. To the contrary, SIM raised numerous objections regarding Dr. Beaghler's absence and the hearsay contents of his letter at trial. impairment. Rather, the logical significance of the letter was the effect the disclosures had on SIM's decision to grant Dr. Sabit privileges. 2:21-CV-10985 | 2021-05-03, U.S. District Courts | Contract | Per Curiam. Find information about and book an appointment with Dr. Jiab H Suleiman, DO in Dearborn, MI, Canton, MI. The trial court viewed the motion as a motion for reconsideration and stated on the record that it did not intend to revisit the admissibility of the credentialing file. Nonetheless, as explained above, the credentialing file was inadmissible. Specialties. 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. The court also indicated that the claims against Drs. Phone: (313) 792-8350. endobj Boonstra, P.J., and Cavanagh and Gadola, JJ., concurred. at 161, 369 N.W.2d 826. On November 14, 2018, plaintiff moved for entry of a judgment against SIM, Dr. Sabit, and MBSPG, jointly and severally. In a memorandum dated May 10, 2018, OWCP noted that it would obtain a new impartial By October 2012, Dr. Sabit was falsely reporting in his records that plaintiff had a complete resolution of her symptoms. 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? 2023-01-31, El Paso County District Courts | Personal Injury | See MCL 333.20101(2) and MCL 333.21501(2). 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), (#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), (#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. DeBeaudry agreed that it would be logical and responsible to follow up with Dr. Beaghler, but she was unable to locate any evidence of additional contact with Dr. Beaghler. 66, 77, 527 N.W.2d 780 (1994) (concluding that a 911 call was not hearsay when it was offered to show why the police responded to a disturbance). (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. The applicability of MCL 333.21515 presents a closer question. MCL 333.20106(1)(c) and (f). The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. He cleaned . 8 0 obj Dr. Jagannathan recently performed a third surgery on plaintiff's back earlier in 2018. Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. Full title:NOEL DORSEY, Plaintiff-Appellee, v. SURGICAL INSTITUTE OF MICHIGAN, LLC. We agree. (313) 565-4989. Signed by District Judge George Caram Steeh. Attard v. Citizens Ins. 1, 14. 636c and FRCP 73. He. The CT did, however, show an interspinous plate at L4-L5. Under the circumstances, we will therefore discuss aspects of the credentialing file in this opinion. Allstate removed the action from the Third Judicial Circuit in Wayne County, Michigan, to this Court on . See Mitchell v. Kalamazoo Anesthesiology, PC , 321 Mich.App. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. A disheveled, unshaven Sabit, dressed in jeans and a white T-shirt and wearing handcuffs and leg shackles, made a brief court appearance Monday and will be held without bond until a Dec. 1 hearing.. waiver sent on 6/10/2022, answer due 8/9/2022. EIN for organizations is sometimes also referred to as taxpayer identification number or TIN. People v. Fisher , 449 Mich. 441, 449-450, 537 N.W.2d 577 (1995). 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. 14 0 obj 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). 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. endobj Call Dr. Jiab H Suleiman on phone number (313) 565-4948 for more information and advice or to book an appointment. See also Westland v. Okopski , 208 Mich.App. DeBeaudry testified that she no longer worked at SIM but had previously been employed as its facility administrator during the early stages of this litigation. 20 0 obj This Court found the defendant's position persuasive, agreeing that it was supported by the plain meaning of the statutory privilege. Nearly a decade later, this Court considered the statutory privilege in the context of a medical malpractice action involving a negligent-credentialing theory. 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. Aetna; Humana; Help Improve Healthgrades Plaintiff continued to have persistent pain and was treating with one of Dr. Jagannathan's colleagues, a pain-management specialist. See Johnson , 291 Mich.App. See Attard , 237 Mich.App. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 13>> (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#9) WAIVER OF SERVICE Returned Executed. As per our records, the last return (form 5500-SF . However, the court found no evidence that SIM intentionally destroyed evidence and therefore denied the motion for sanctions. ID 797-807); and (3) at step five of the five-step analysis found at 20 C.F.R. Feyz v. Mercy Mem. (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. Check all background information that MyLife has gathered. In fact, her continuing back pain left her unable to work throughout most of 2011 through 2014. Questions Post Question There are no questions yet for this company. 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. 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." to Respond to Complain by 9/09/2022. Indeed, SIM filed a pretrial motion for summary disposition with respect to plaintiff's negligent-credentialing claim. 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 was a necessary element of the negligent-credentialing claim. Hosp. Dr. B. View court, arrest, criminal/conviction records, Lawsuits, Liens, Bankruptcies & sex offender status for Jiab Suleiman. , 291 Mich.App. 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. Education & Training A.T. Plaintiff testified that Dr. Suleiman referred her to Dr. Sabit on January 11, 2012, for severe back pain. 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. 17000 Executive Plaza Dr Ste 101, Dearborn, MI 48126-2793. Phone: (313) 789-5328. You can find contact information like phone number, practice website, office address and reviews for Dr. Jiab Suleiman on HealthSoul. Had SIM done that, they would have noticed that Dr. Sabit falsely indicated that he had never had medical staff privileges suspended. SIM argued that the jury's "+12%" notation should be ignored because it was specifically instructed to include any applicable precomplaint interest in the amount awarded. between Awaisi on behalf of Orthopedic, Melissa El Khoury, and Jiab Suleiman, D.O.). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 17>> 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. 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. Before: BOONSTRA, P.J., and CAVANAGH and GADOLA, JJ. Id. 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). See Feyz , 475 Mich. at 681, 719 N.W.2d 1, citing MCL 331.531. 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. at 666-667, 584 N.W.2d 747. 21 0 obj Dr. Hai questioned why Dr. Beaghler would not have indicated that Dr. Sabit was suspended for patient-safety concerns if that was the true reason. 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."
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