Jiab Suleiman, DO in Dearborn, MI 48126 - (313) 261-2060 Dr.. 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 first called Elaine DeBeaudry as an adverse or hostile witness. When Dr. Sabit was granted privileges, Dr. In pertinent part, the rule permits a new trial when a party's substantial rights are materially affected by "[i]rregularity in the proceedings of the court, jury, or prevailing party, or an order of the court or abuse of discretion which denied the moving party a fair trial." Dr. Suleiman graduated from the A T Still University Kirksville College of Osteopathic Medicine in 1997. Most of Dr. Hyde's testimony was therefore premised on facts that were not properly in evidence. Sabit and Suleiman would be tried first and, after a verdict was received, the negligent-credentialing claim would be tried before the same jury. 6 0 obj A. Insurance Check. MCL 333.1113. 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. 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. 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. A $25 million lawsuit has been filed against two doctors and a surgery center in Westland for allegedly performing fake surgeries. CMH responded with a request for Dr. Sabit to sign a comprehensive release permitting disclosure of information. Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. CONCLUSION. SIM responded that it was a health facility, as set forth in MCL 333.20175(8), and entitled to the protections afforded by statute. However, it still made findings regarding plaintiff's damages for purposes of the directed verdict against Dr. Sabit. Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022). 25 0 obj [Dkt. In summary, the trial court improperly ordered the production and admission of SIM's credentialing file. 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. Jiab Suleiman, D.o., P.c. 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. 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. Dr. Hai also opined that if SIM had denied Dr. Sabit's application, it would not have caused his privileges elsewhere to be revoked. 2:22-CV-11826 | 2022-08-08, Volusia County Courts | Other | 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. MCR 2.611(A)(1)(a). Jiab Suleiman, DO is located at 17000 Executive Plaza Dr STE 101 in Dearborn, Michigan 48126. 0 Ratings. MCR 2.611(A)(1) sets forth the grounds upon which a jury verdict may be set aside and a new trial granted. 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). Dorsey v. Surgical Institute of Michigan, LLC - Casetext endobj 165, 168, 804 N.W.2d 754 (2010), that "a credentialing committee is a peer review committee" to which a privilege is afforded. Executive Ambulatory Surgical Center, LLC waiver sent on 6/10/2022, answer due 8/9/2022. The credentialing process that a freestanding surgical outpatient facility performs to satisfy its duty under MCL 333.20813(c) is a review function described and required by Article 17. Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022), U.S. District Courts | Other | Licenses and Affiliations The applicability of MCL 333.21515 presents a closer question. Id. MCL 333.20104(7). The jury determined that SIM negligently credentialed Dr. Sabit and that the negligent credentialing was a proximate cause of plaintiff's injuries. Allstate Insurance Company et al v Ayman Tarabishy, MC., PLLC et al, Augustine v. Allstate Insurance Company et al, ATLANTIC WELLNESS CENTER INC A/A/O TIMOTHY CROSSON V. ASMI AUTO INSURANCE COMPANY, Executive Ambulatory Surgical Center, LLC et al v. Allstate Insurance Company, Executive Ambulatory Surgical Center, LLC v. State Farm Mutual Automobile Insurance Company, Patriot Disaster Specialist, LLC v. Allstate Property and Casualty Insurance Company, KRAMER, GLENN V ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY V LAMPERT, MIRIAM, RISHDI FAYYAD ASAM VS SYNTHIA IBANEZ AND ALLSTATE FIRE AND CASUALTY INSURANCE COMAPNY, Yvette Lee Schultz, and Jeslyn Kali Gonzalez Minjares VS Drae Frescas and Allstate Fire and Casualty Insurance Company, SMART GLASS CALIBRATIONS LLC DBA ADAS360 AAO MARYvs. Receipt No: AMIEDC-8940305 - Fee: $ 402. See also Westland v. Okopski , 208 Mich.App. 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). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 17>> 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. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. (Tilden, Nathan) (Entered: 06/08/2022), (#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. 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. The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. Dr. Sabit told the board he was suspended because of problems with medical records, which the board considered acceptable. 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. 175, 200, 670 N.W.2d 675 (2003) ; Miller v. Hensley , 244 Mich.App. x\[o~yQ+M6M(vM33| E_dH%Qp83$}OQ{:>|=?::_zG7;GwOS,z>;>=a_8`?q3xp0x'9|Jw{=>~4"*uo#^#LQaIu$5VSbYRxQ Dr. Jiab Suleiman, DO - Healthgrades Instead, he wrote to Dr. Sabit to ask for clarification regarding the allegation of bylaw or rule violations. Serv. at 664, 665-666, 584 N.W.2d 747. 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. Although it was possible that the allegations were not credible, SIM needed to follow up with CMH. See Kelly v. Builders Square, Inc. , 465 Mich. 29, 38, 632 N.W.2d 912 (2001). 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. The magistrate judge recommended the following findings: (1) the ALJ properly evaluated the opinion of orthopedic surgeon Dr. Jiab Suleiman (id., Pg. at 321, 602 N.W.2d 633. SIM responded that the credentialing file was privileged and protected from disclosure under MCL 333.21515. 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. Hecht v. Nat'l Heritage Academies, Inc. , 499 Mich. 586, 604, 886 N.W.2d 135 (2016) (citations omitted). Additionally, Allstate's Motion for Leave to File a Sur-Reply, [Dkt. He states that he formed his opinions after 2 Discussed below is Jiab Suleiman's qualification to testify as an expert. 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. (Geroux, Debra) (Entered: 07/19/2022), Docket(#18) NOTICE of Appearance by Barrett Young on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. 19 0 obj (Young, Barrett) (Entered: 07/19/2022), Docket(#17) CERTIFICATE of Service/Summons Returned Executed. (DeNinno, Andrew) (Entered: 06/08/2022), (#3) NOTICE of Appearance by Brad Compston on behalf of All Plaintiffs. Id. 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). Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. Dr. Suleiman submitted a report dated April 24, 2018, which did not provide an impairment rating. On May 19, 2011, after the release was signed and returned, Dr. Marc Beaghler, CMH's chief of staff, sent the following letter: Resigned (Provisional at the time of Resignation). Jiab Suleiman, DO PC is a medical group practice located in Canton, MI that specializes in Internal Medicine. A trial court's denial of a motion for JNOV is reviewed de novo. 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. Indeed, SIM filed a pretrial motion for summary disposition with respect to plaintiff's negligent-credentialing claim. Attard v. Citizens Ins. Sabit." Plaintiff asserted a . 661, 663-664, 584 N.W.2d 747 (1998). See Johnson , 291 Mich.App. at 162, 369 N.W.2d 826. 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. Of the nearly 20 motions in limine filed by the parties, only two have particular relevance to the issues on appeal. (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. In fact, her continuing back pain left her unable to work throughout most of 2011 through 2014. Damages Chart, Exhibit 10 - Jiab Suleiman D.O., P.C. between Awaisi on behalf of Orthopedic, Melissa El Khoury, and Jiab Suleiman, D.O.). endobj Phone: (313) 789-5328. Dr. Sabit performed the surgery at SIM on February 8, 2012. DeBeaudry agreed that SIM sent a letter to Dr. Sabit to inquire about some of the issues disclosed by Dr. Beaghler. Without his testimony, plaintiff could not have established a prima facie case of negligent credentialing. Call Dr. Jiab H Suleiman on phone number (313) 565-4948 for more information and advice or to book an appointment. 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. 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. Comm. 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. As per our records, the last return (form 5500-SF . SIM therefore asked Dr. Sabit to respond in writing to address that issue. Before: Boonstra, P.J., and Cavanagh and Gadola, JJ. Jiab Suleiman specializes in diagnosis and treatment of orthopedic problems like arthritis, fractures, back pain. About Dr. Suleiman Bio 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. Sabit submitted an application for surgical privileges at SIM on or about April 29, 2011. 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. Cancellation and Refund Policy, Privacy Policy, and By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, SIM also argues that it was entitled to JNOV because Michigan does not recognize negligent credentialing as a cause of action. 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. As our Supreme Court has observed, one of the measures enacted by the Legislature to promote candid assessment in peer-review proceedings is the statutory privilege that shields the "records, data, and knowledge collected for or by peer review entities" from discovery. , 475 Mich. 663, 680-681, 719 N.W.2d 1 (2006), citing MCL 333.21515 and MCL 333.20175(8). To the contrary, when plaintiff attempted to depose Dr. Beaghler and sent a notice requesting production of the May 19, 2011 letter and other documents, Dr. Beaghler refused to comply with the request. 1 0 obj Lock assumed Dr. Sabit provided a written response, which would have been given to the board of directors with the rest of Dr. Sabit's file, but Dr. 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. 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. Jiab Suleiman is on Facebook. Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. 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. She underwent surgery with Dr. Jagannathan on March 24, 2016, and had not been able to return to work since then. waiver sent on 6/10/2022, answer due 8/9/2022. SIM called only one defense witness: Dr. Mahmood Hai, one of SIM's founders and the executive director and president of the board of directors. 636c and FRCP 73. He is affiliated with medical facilities such as Garden City Hospital and Beaumont Hospital Taylor. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> Still University, School of Osteopathic Medicine in Arizona Class of 1997 Certifications & Licensure MI State License 1999 - 2024 Dr. Jiab Suleiman, DO is an orthopedic surgery specialist in Dearborn, MI and has over 25 years of experience in the medical field. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 18>> Id. AboutJiab Suleiman, DO. Unambiguous statutory language must be enforced as written and no judicial construction is required or permitted. endobj 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). "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." Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. (Compston, Brad) (Entered: 06/08/2022), Docket(#2) NOTICE of Appearance by Nathan Tilden on behalf of All Plaintiffs. Dr. Hyde explained that he came across an opinion from Dr. Sabit's lawsuit against CMH, which stated that Dr. Sabit was suspended "to protect the life or wellbeing of patients and to reduce imminent danger to the life, health or safety of any person." Although she did not work at SIM when Dr. Sabit applied, DeBeaudry reviewed his file in connection with this case. 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. See MCL 333.20101(2) and MCL 333.21501(2). (313) 565-4989. Jiab Suleiman - Facebook 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." Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC, were treated as a single entity throughout these proceedings. Noel DORSEY, Plaintiff-Appellee, v. SURGICAL INSTITUTE OF MICHIGAN, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC, Defendant-Appellants, and Aria Omar Sabit, Michigan Brain & Spine Physicians Group, PLLC, Jiab Hasan Suleiman, and Jiab Suleiman, D.O., PC, doing business as Premier Orthopedics, Defendants. Dr. Hyde's testimony regarding that matter was therefore improper under MRE 703. 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. at 666-667, 584 N.W.2d 747. 21 0 obj (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. Id. After closing arguments were presented on behalf of plaintiff and Dr. Suleiman, SIM orally moved for separate juries. As noted earlier, the jury determined that Dr. Suleiman was not professionally negligent. Lewis , 258 Mich.App. In a memorandum dated May 10, 2018, OWCP noted that it would obtain a new impartial (Tilden, Nathan) (Entered: 06/08/2022), Docket(#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Nonetheless, as explained above, the credentialing file was inadmissible. PLAINTIFF DID NOT ESTABLISH A PRIMA FACIE CASE FOR NEGLIGENT CREDENTIALING BASED ON ADMISSIBLE EVIDENCE. The eight-day jury trial began on October 9, 2018, with the first five days devoted exclusively to the medical malpractice claims against Drs. In the application, Dr. Sabit indicated that he had privileges at Community Memorial Hospital (CMH) in Ventura, California, from 2009 to 2011 and had current privileges at Doctor's Hospital in Pontiac, Michigan. ", Dr. Hai did not believe that anything in Dr. Beaghler's letter was alarming or justified denying Dr. Sabit's application for privileges. He also talked about hardware that would be placed during the surgery. SPINE PHYSICIANS GROUP, PLLC, JIAB HASAN SULEIMAN, and JIAB SULEIMAN, D.O., PC, doing business as PREMIER ORTHOPEDICS, Defendants. 14 0 obj Plaintiff filed this lawsuit in 2016 after learning from another neurosurgeon that the described procedures were not actually performed. B. Jiab Suleiman, DO is an orthopedic surgeon who practices at Premier Orthopedics located at 17000 Executive Plaza Dr in Suite 101 in Dearborn, MI 48126 (Wayne County). 12 0 obj By 2015, she forced herself to return to work for financial reasons and found flexible employment that allowed her to make $25,500 that year. 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. Id. 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. Allstate Ins. Co. v. Orthopedic, P.C. - Casetext endobj Jiab H Suleiman, 53 - Dearborn, MI - Has Court or Arrest Records Dr. Jiab H Suleiman - Orthopedic Surgery, Dearborn MI - HealthCare4PPL 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." Ctr. Jiab Suleiman, DO | Orthopedic Surgeon in Dearborn, MI