In the midst of trial, SIM also filed a written motion in limine to exclude its credentialing file from evidence. at 395, 772 N.W.2d 57 ("[T]here must be facts in evidence to support the opinion testimony of an expert.") The court denied SIM's motion because there was nothing in the medical malpractice trial that would potentially prejudice SIM's defense of the negligent-credentialing claim. (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. CMH required Dr. Sabit to execute an extensive release before it would disclose any information. Cancellation and Refund Policy, Privacy Policy, and Jiab intends to offer opinions on the cause of Mason's injury, the medical necessity of the surgery he performed, and the reasonable and customary nature of the charges for the treatment rendered. Lock explained that he did not make a recommendation regarding Dr. Sabit and was not involved in the vote regarding his application. (Tilden, Nathan) (Entered: 06/08/2022), (#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Dorsey v. Surgical Institute of Michigan, LLC. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. endobj Noel Dorsey tells 7 action news she was betrayed by the same. 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. 19 0 obj Dr. Suleiman submitted a report dated April 24, 2018, which did not provide an impairment rating. 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. As per our records, the last return (form 5500-SF . endobj Bynum v. ESAB Group, Inc. , 467 Mich. 280, 283, 651 N.W.2d 383 (2002). Plaintiff's counsel drew Dr. Chase is hereby ordered to provide responsive . between Awaisi on behalf of Orthopedic, Melissa El Khoury, and Jiab Suleiman, D.O.). 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. Id. 349759). Specialities In response, plaintiff argued that the jury was properly instructed and that the 12% interest was clearly intended to apply only to the precomplaint period, consistent with the court's instructions. Phone: (313) 789-5328. Plaintiff's back pain persisted after the procedure. "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." 490, 493-494, 513 N.W.2d 179 (1994). Additionally, Allstate's Motion for Leave to File a Sur-Reply, [Dkt. , 200 Mich.App. SIM disagreed that Dr. Sabit's default could be imputed to it. Dr. Hyde's testimony regarding that matter was therefore improper under MRE 703. Co. of America , 237 Mich.App. 311, 321, 602 N.W.2d 633 (1999). (Young, Barrett) (Entered: 07/19/2022), (#17) CERTIFICATE of Service/Summons Returned Executed. 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. Lock said, "I'm not sure I understand what summary suspension means." Licenses and Affiliations 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. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. But even if Dr. Hyde's testimony regarding this matter was not speculative, SIM is correct that the reason for Dr. Sabit's suspension was not a fact in evidence. A "health facility or agency" is a broad term encompassing several types of entities, including freestanding surgical outpatient facilities and hospitals. 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). Of the nearly 20 motions in limine filed by the parties, only two have particular relevance to the issues on appeal. Hosp. Without the admission of the credentialing file upon which the majority of Dr. Hyde's testimony depended, plaintiff's claim for medical malpractice should not have been submitted to the jury. JI 6.01, and sanction SIM for intentional spoliation of evidence. To the contrary, MCL 333.20175(8) applies to materials "collected for or by individuals or committees assigned a professional review function in a health facility or agency ." (Emphasis added.) 2:18-CV-14093 | 2018-12-31, U.S. District Courts | Contract | Check all background information that MyLife has gathered. THE CREDENTIALING FILE WAS ADMITTED IN ERROR. To the contrary, SIM raised numerous objections regarding Dr. Beaghler's absence and the hearsay contents of his letter at trial. ID 797-807); and (3) at step five of the five-step analysis found at 20 C.F.R. Next to each of these awards, the verdict form included a notation that said, "+12%." 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. 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. Sabit and Suleiman. (Internal quotation marks supplied.). At any rate, CMH provided enough information to prompt a reasonably intelligent and prudent administrator to follow up. SIM argues that it is entitled to JNOV because of the improper admission of the credentialing file. Plaintiff followed up with Dr. Sabit, and his office notes indicated that she had an excellent result and felt great. (DeNinno, Andrew) (Entered: 06/27/2022), Docket(#16) CERTIFICATE of Service/Summons Returned Executed. 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. (DeNinno, Andrew) (Entered: 06/20/2022), Docket(#15) WAIVER OF SERVICE Returned Executed. Jiab Suleiman is on Facebook. Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. [Dkt. , 291 Mich.App. 21 0 obj Finally, one place to get all the court documents we need. The court then entered a judgment against Dr. Sabit, MBSPG, and SIM, jointly and severally. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> 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. Article 17 of the Public Health Code generally governs licensing and regulation of health facilities and agencies. According to SIM, although the trial court had previously determined that a similar statutory privilege for peer-review materials did not apply to SIM because it was not a hospital, MCL 333.20175(8) applied to ambulatory surgical centers like SIM. "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." After closing arguments were presented on behalf of plaintiff and Dr. Suleiman, SIM orally moved for separate juries. Before: BOONSTRA, P.J., and CAVANAGH and GADOLA, JJ. DeBeaudry also explained that the National Practitioner Data Bank is a registry where claims against doctors are recorded, and it was used by healthcare facilities to help investigate a doctor's background. Because that proffer was based on the contents of the inadmissible credentialing file, the trial court should have granted SIM's motion for summary disposition. Id. PLAINTIFF DID NOT ESTABLISH A PRIMA FACIE CASE FOR NEGLIGENT CREDENTIALING BASED ON ADMISSIBLE EVIDENCE. We therefore conclude that the judgment against SIM must be reversed. We have found at least 1 Lawsuit, Lien, or Bankruptcy We have found at least 1 Court Record. A. 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. Neither Dr. Sabit nor MBSPG filed timely answers, and defaults were entered against both defendants on March 17, 2017which are not at issue in this appeal. 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. By definition, an out-of-court statement is only considered hearsay if it is "offered in evidence to prove the truth of the matter asserted." 4 at 28.] Plaintiff first called Elaine DeBeaudry as an adverse or hostile witness. 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.. <>stream 10 0 obj Dr. John Charles Hyde, II, testified as an expert for plaintiff in credentialing and physician privileges. The plain language of MCL 333.20175(8) limited the use of those materials to purposes provided in Article 17. at 664, 665-666, 584 N.W.2d 747. 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). This Court found the defendant's position persuasive, agreeing that it was supported by the plain meaning of the statutory privilege. Plaintiff believed her recovery from the March 24, 2016 surgery progressed as expected. 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." endobj 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). Dr. Jiab Suleiman may order tests like X-rays, CT scan, MRI for correct diagnosis. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Plaintiff also filed a motion to determine the scope of SIM's liability for negligently credentialing Dr. Sabit, arguing that the damages cap applicable to medical malpractice verdicts should not be applied if SIM was found to be vicariously liable for Dr. Sabit's ordinary negligence ("in performing unnecessary, fictitious, and/or incorrect surgery of plaintiff's lumbar spine"), which had been established by default. 4 0 obj 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. 636c and FRCP 73. 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. Moreover, in SIM's later letter thanking Dr. Sabit for his "prompt response," there was no indication that the response was provided in writing, and it would not be uncommon for a credentialing committee to meet with an applicant in person to address certain concerns. 350 Granite Street, Suite 2204 Braintree, MA 02184 Andrew H. DeNinno 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. Call Dr. Jiab H Suleiman on phone number (313) 565-4948 for more information and advice or to book an appointment. Dr. Hyde was the only expert witness to testify about the standard of care and proximate cause at issue in the negligent-credentialing portion of the trial. 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." x\[o~yQ+M6M(vM33| E_dH%Qp83$}OQ{:>|=?::_zG7;GwOS,z>;>=a_8`?q3xp0x'9|Jw{=>~4"*uo#^#LQaIu$5VSbYRxQ Dr. Suleiman graduated from the A T Still University Kirksville College of Osteopathic Medicine in 1997. Dye v. St. John Hosp. (NAhm) (Entered: 07/22/2022), Docket(#20) NOTICE of Appearance by Theodore R. Eppel on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. <> Id. 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). The improper admission of his expert opinion without a sufficient factual basis in record evidence affected SIM's substantial rights, and affirming a verdict and judgment premised largely on inadmissible evidence would be inconsistent with substantial justice. Instead, he wrote to Dr. Sabit to ask for clarification regarding the allegation of bylaw or rule violations. It also referenced two specific instances in which Dr. Sabit did not render appropriate medical care. Dr. Jagannathan was still hopeful that she would continue to improve. In summary, the trial court improperly ordered the production and admission of SIM's credentialing file. 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. endobj Aetna; Humana; Help Improve Healthgrades <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 13>> Counsel for Allstate are ordered to serve a copy of this Order and the simultaneously issued Protective Order on Chase no later than Mar ch 16, 2022.
Houses For Rent In Daphne, Al By Owner,
Moana Surfrider Haunted,
Jesse Sullivan Stolen Valor,
Articles J