jiab suleiman lawsuit

Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. 22 0 obj The jury determined that SIM negligently credentialed Dr. Sabit and that the negligent credentialing was a proximate cause of plaintiff's injuries. A trial court's denial of a motion for JNOV is reviewed de novo. And because SIM was a freestanding surgical outpatient facility licensed under a different section of the Public Health Code, MCL 333.1101 et seq. 3 0 obj Sabit and Suleiman was a necessary element of the negligent-credentialing claim. Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 0>> endobj Dr. Suleiman was identified as the co-surgeon in the operative report, but he testified at trial that he was only present during the initial dissection of the surgical site and then left to attend his own patients. The court then entered a judgment against Dr. Sabit, MBSPG, and SIM, jointly and severally. Dr. Jiab Suleiman may order tests like X-rays, CT scan, MRI for correct diagnosis. Assuming that a negligent-credentialing theory may be asserted, it falls within the scope of a medical malpractice claim, because it arises from action occurring in the scope of a professional relationship and raises questions of judgment beyond common knowledge and experience. 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. 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. Questions Post Question There are no questions yet for this company. Plaintiffs Executive Ambulatory Surgical Center ("Executive") and Jiab Suleiman, D.O., P.C. The trial court denied the motion, reasoning that it would not promote judicial economy because the medical malpractice of Drs. 2:21-CV-10985 | 2021-05-03, U.S. District Courts | Contract | Although Dr. Beaghler's letter was not automatically inadmissible on this basis, see Dye , 230 Mich.App. (NAhm) (Entered: 07/22/2022), (#20) NOTICE of Appearance by Theodore R. Eppel on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. 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. Rakesh Ramakrishnan, M.D., P.C. 1962 (c) and (d), common-law fraud, civil conspiracy, payment under mistake Even so, Dr. After conducting an internal investigation of a staff physician following the death of a patient, the defendant hospital suspended the physician's privileges for six months. 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. We have found at least 1 Lawsuit, Lien, or Bankruptcy We have found at least 1 Court Record. Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. We agree. 2:18-CV-14094 | 2018-12-31, U.S. District Courts | Contract | We reverse and remand for entry of judgment in favor of SIM. Id. "This Court reviews for an abuse of discretion a trial court's ultimate decision whether to grant a new trial, but considers de novo any questions of law that arise." Chase is hereby ordered to provide responsive . As such, the peer-review privilege in MCL 333.21515 applies to SIM. Hazel Park Medical Center. (DeNinno, Andrew) (Entered: 06/08/2022), Docket(#6) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Allstate Property and Casualty Insurance Company identifying Corporate Parent The Allstate Corporation, Corporate Parent The Allstate Corporation for Allstate Property and Casualty Insurance Company. Bynum v. ESAB Group, Inc. , 467 Mich. 280, 283, 651 N.W.2d 383 (2002). Dr. Jagannathan recently performed a third surgery on plaintiff's back earlier in 2018. 144, 157-158, 908 N.W.2d 319 (2017) ; Lewis v. LeGrow , 258 Mich.App. You can find contact information like phone number, practice website, office address and reviews for Dr. Jiab Suleiman on HealthSoul. According to SIM's bylaws, the medical director was responsible for making recommendations to the board of directors regarding all applicants for staff privileges. 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. 6 0 obj In summary, the trial court improperly ordered the production and admission of SIM's credentialing file. 2 0 obj After seeing Dr. Beaghler's letter, the board of directors decided to interview Dr. Sabit in person to determine what happened at CMH. Dr. Hyde explained that hospitals commonly provide succinct summaries of information in an initial response to inquiries from other facilities about staff, so the mere fact that Dr. Beaghler did not explain the reasons for the suspension in the May 19, 2011 letter is not conclusive. (Compston, Brad) (Entered: 06/08/2022), (#2) NOTICE of Appearance by Nathan Tilden on behalf of All Plaintiffs. (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. Boonstra, P.J., and Cavanagh and Gadola, JJ., concurred. 14 0 obj 636c and FRCP 73. (DeNinno, Andrew) (Entered: 06/08/2022), (#3) NOTICE of Appearance by Brad Compston on behalf of All Plaintiffs. Dr. Lewis , 258 Mich.App. 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."). B249793), p. 1, 2015 WL 1954590 (alteration in original). (quotation marks and citation omitted; alteration in original). 0 Ratings. The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. 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). The loan's status was . is 010719076. Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. at 200, 670 N.W.2d 675 (citations omitted). 4 at 28.] 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. In the spring of 2018, Dr. Jagannathan operated on plaintiff again to decompress the area adjacent to the fusion level. <> 195, 223, 755 N.W.2d 686 (2008) (quotation marks and citation omitted). Dr. Hyde noted that CMH did not know what Dr. Sabit had already disclosed and would have assumed Dr. Sabit was forthcoming. Mueller v. Brannigan Bros. Dr. Hyde's testimony regarding that matter was therefore improper under MRE 703. 4 0 obj (DeNinno, Andrew) (Entered: 06/27/2022), (#16) CERTIFICATE of Service/Summons Returned Executed. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 8>> 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. 2:2021cv10985 - Document 63 (E.D. See also Teal , 283 Mich.App. 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). 384, 394, 772 N.W.2d 57 (2009). "So all that confirmed that everybody has checked him through, so it was easy for us to say that there was nothing negative at that point. 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. (Tilden, Nathan) (Entered: 06/08/2022), Docket(#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. DeBeaudry never saw a written response from Dr. Sabit and was not aware of one existing. 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. 15 0 obj But even if SIM's credentialing file regarding Dr. Sabit was not protected by MCL 333.21515, it was clearly privileged under MCL 333.20175(8). 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. Although evidentiary errors are not ordinarily grounds for reversal, such relief is appropriate when "a substantial right of a party is affected and it affirmatively appears that failure to grant relief is inconsistent with substantial justice." Dr. Hai summarized: "[Dr. Sabit] had been practicing for 7, 8 years. "Voir dire is the process by which litigants may question prospective jurors so that challenges to the prospective jurors can be intelligently exercised." 2023-01-31, Palm Beach County 15th Judicial Circuit Courts | Other | See Fedorinchik v. Stewart , 289 Mich. 436, 438-439, 286 N.W. 5 0 obj A. Jiab Suleiman, DO can be contacted via phone at (313) 261-2060 for pricing, hours and directions. Lock agreed that he did not contact Dr. Beaghler at all. at 168, 804 N.W.2d 754 ("[A] credentialing committee is a peer review committee."). Of the nearly 20 motions in limine filed by the parties, only two have particular relevance to the issues on appeal. Specialties: Hip and Knee Orthopedic Surgery, Orthopedic Surgery, Shoulder and Elbow Orthopedic Surgery. 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. 311, 321, 602 N.W.2d 633 (1999). New Clear Images LLC, Jiab Suleiman, The Surgical Institute of Michigan LLC and Biomolecular Integrations Inc. in the U.S. District Court for the Eastern District of Michigan alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. endobj Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. Licenses and Affiliations See Kelly v. Builders Square, Inc. , 465 Mich. 29, 38, 632 N.W.2d 912 (2001). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 1>> Because the disclosures in Dr. Beaghler's letter were not offered to prove the truth of those statements, the disclosures were not inadmissible hearsay. SIM responded that the credentialing file was privileged and protected from disclosure under MCL 333.21515. Rakesh Ramakrishnan, M.D., P.C. The plain language of MCL 333.20175(8) limited the use of those materials to purposes provided in Article 17. Dr. Sabit told the board he was suspended because of problems with medical records, which the board considered acceptable. Defendants, Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC (collectively, SIM ), appeal as of right a judgment entered in plaintiff's favor following a jury trial in this medical malpractice action. The trial court agreed and granted a directed verdict with respect to the standard of care, breach of the standard of care, and causation. Nonetheless, as explained above, the credentialing file was inadmissible. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 2>> 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. 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. Jiab Suleiman D.O., P.C. Lock did not recall ever seeing Dr. Sabit's response. With respect to summary suspensions, Dr. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 7>> SIM argues that this was not an appropriate basis for Dr. Hyde's testimony because Dr. Beaghler's letter was part of the inadmissible credentialing file and, even if the credentialing file had been admissible, the statements in Dr. Beaghler's letter were inadmissible hearsay. 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. Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC, were treated as a single entity throughout these proceedings. 27 Apr 2023 20:07:35 However, the court found no evidence that SIM intentionally destroyed evidence and therefore denied the motion for sanctions. waiver sent on 6/10/2022, answer due 8/9/2022. Dr. 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. When asked why he did not inquire about issues other than the purported rule violations, Dr. Moore v. Detroit Entertainment, LLC , 279 Mich.App. Phone: (313) 789-5328. The employer identification number (EIN) for Jiab Suleiman, D.o., P.c. Under the circumstances, we will therefore discuss aspects of the credentialing file in this opinion. 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. 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. But there is no evidence of any such stipulation in the record. Dr. Sabit performed the surgery at SIM on February 8, 2012. 485, 498, 566 N.W.2d 671 (1997) (holding that, because the trial court struck the testimony of the plaintiff's two experts regarding her liver disorder, plaintiff was left "with no evidence of causation" and "could not establish a prima facie case" with regard to that disorder; the trial court therefore correctly granted summary disposition to defendants regarding those claims). Feyz v. Mercy Mem. 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. 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). " Although plaintiff makes no attempt to dispute SIM's characterization of the letter as hearsay, we are not persuaded by that aspect of SIM's argument. Id. Sabit and Suleiman would be tried first and, after a verdict was received, the negligent-credentialing claim would be tried before the same jury. Executive Ambulatory Surgical Center, LLC waiver sent on 6/10/2022, answer due 8/9/2022. Dr. Jagannathan was still hopeful that she would continue to improve. On November 14, 2018, plaintiff moved for entry of a judgment against SIM, Dr. Sabit, and MBSPG, jointly and severally. 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. See Mich. Gas Utilities v. Pub. Mich. 2022) case opinion from the Eastern District of Michigan US Federal District Court 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. 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." DeBeaudry confirmed that she did not have specific experience in healthcare administration, but she did have a general background in management, nursing, and health sciences. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 11>> Biomolecular Integrations, Inc. served on 6/23/2022, answer due 7/14/2022. (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. (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. (Young, Barrett) (Entered: 07/19/2022), Docket(#17) CERTIFICATE of Service/Summons Returned Executed. Plaintiff filed this lawsuit in 2016 after learning from another neurosurgeon that the described procedures were not actually performed. 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. 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. See Attard , 237 Mich.App. endobj 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. Specialities Additional Specialties: Orthopedic Surgery. 2023-02-22. at 157-158, 908 N.W.2d 319 (vacating judgment on a jury verdict when the trial court restricted questions regarding the genuineness and reliability of key evidence); Miller , 244 Mich.App. 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." Freestanding surgical outpatient facility means a facility, other than the office of a physician, dentist, podiatrist, or other private practice office, offering a surgical procedure and related care that in the opinion of the attending physician can be safely performed without requiring overnight inpatient hospital care. 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. Reversed and remanded for entry of judgment in favor of SIM. <> SPINE PHYSICIANS GROUP, PLLC, JIAB HASAN SULEIMAN, and JIAB SULEIMAN, D.O., PC, doing business as PREMIER ORTHOPEDICS, Defendants. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 15>> The practitioner's primary taxonomy code is 207X00000X with license number 5101013467 (MI). Dr.. 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. DeBeaudry agreed that SIM sent a letter to Dr. Sabit to inquire about some of the issues disclosed by Dr. Beaghler. 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. 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. , 230 Mich.App. Dr. Sabit's operative report indicates that he performed a posterior lumbar interbody fusion, a laminectomy for decompression of the nerve, and an interbody cage placement, all at the L4-L5 level of plaintiff's spine. The letter requested a written response, but there was no written response from Dr. Sabit in the credentialing file. We therefore conclude that the judgment against SIM must be reversed. at 161, 369 N.W.2d 826. 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.

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