(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. In Attorney General v. Bruce , 422 Mich. 157, 369 N.W.2d 826 (1985), our Supreme Court considered whether records from a hospital's peer-review committee could be compelled pursuant to an investigative subpoena. Dr. Sabit told the board he was suspended because of problems with medical records, which the board considered acceptable. MCL 333.20104(7). endobj endobj Id. 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. 1962 (c) and (d), common-law fraud, civil conspiracy, payment under mistake 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. Plaintiff filed this lawsuit in 2016 after learning from another neurosurgeon that the described procedures were not actually performed. Dr. Jiab Suleiman has 17+ years of experience in orthopedic surgery. 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. 661, 663-664, 584 N.W.2d 747 (1998). Without his testimony, plaintiff could not have established a prima facie case of negligent credentialing. The goal of statutory interpretation is to give effect to the Legislature's intent, as discerned from the plain language of the statute. 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. impairment. The court also indicated that the claims against Drs. 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. Dr. Jiab Suleiman may order tests like X-rays, CT scan, MRI for correct diagnosis. After continued pain, an orthopedic surgeon, Dr. Jiab Suleiman, ordered a magnetic resonance imaging (MRI) test of his shoulder and diagnosed him with a labral tear and a bruised . The jury found that Dr. Suleiman was not professionally negligent, and a no-cause judgment was entered in favor of Dr. Suleiman and his practicewhich is not at issue in this appeal. But there is no evidence of any such stipulation in the record. The Court observed that the Public Health Code imposed a duty on the owner, operator, and governing body of a hospital to. The employer identification number (EIN) for Jiab Suleiman, D.o., P.c. Plaintiff testified that Dr. Suleiman referred her to Dr. Sabit on January 11, 2012, for severe back pain. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 9>> Chart of Patients and Treatment Billed to, Exhibit 2 - The Surgical Institute of Michigan, LLC Chart of Patients and Treat, Docket(#22) STIPULATED ORDER Extending time for Defendant Rakesh Ramakrishnan and Defendant Rakesh Ramakrishnan, M.D., P.C. However, it still made findings regarding plaintiff's damages for purposes of the directed verdict against Dr. Sabit. Dr. Jane Boruta, MD. CMH responded with a request for Dr. Sabit to sign a comprehensive release permitting disclosure of information. 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. to Respond to Complain by 9/09/2022. About Dr. Suleiman Bio Chart of Patients and Treatment Bill, Exhibit 3 - Jiab Suleiman D.O., P.C. SIM responded that it was a health facility, as set forth in MCL 333.20175(8), and entitled to the protections afforded by statute. SIM objected to Dr. Hyde's testimony regarding this subject on hearsay, foundation, and relevancy grounds, but the trial court overruled the objections. Why is this public record being published online? Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 2>> 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. 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. This loan's status is reported by the SBA as "Paid in Full", which includes both loans repaid and those fully forgiven from repayment under PPP guidelines. Accordingly, the file was not subject to discovery and should not have been admitted at trial. Next to each of these awards, the verdict form included a notation that said, "+12%." 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. At any rate, CMH provided enough information to prompt a reasonably intelligent and prudent administrator to follow up. 15 0 obj Dr. Hai had participated in SIM's credentialing process since it first opened, including the decision to grant Dr. Sabit privileges. Evidentiary rulings are generally reviewed for an abuse of discretion, Mueller , 323 Mich.App. Aria Omar Sabit performed on plaintiff, Noel Dorsey, at SIM on February 8, 2012. Chase is hereby ordered to provide responsive . 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. Mueller v. Brannigan Bros. 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. See Mitchell v. Kalamazoo Anesthesiology, PC , 321 Mich.App. Lock said, "I'm not sure I understand what summary suspension means." Dr. Hyde opined that the combination of these disclosures should have prompted SIM to do a very thorough investigation before granting Dr. Sabit privileges. 636c and FRCP 73. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 13>> (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. 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). at 321, 602 N.W.2d 633. 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. Dorsey v. Surgical Institute of Michigan, LLC. Dr. Hyde noted that CMH did not know what Dr. Sabit had already disclosed and would have assumed Dr. Sabit was forthcoming. (DeNinno, Andrew) (Entered: 06/13/2022), Exhibit 12 - New Clear Images, LLC Damages Chart, Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. Id. In fact, her continuing back pain left her unable to work throughout most of 2011 through 2014. endobj Dr. Jagannathan testified that he first consulted with plaintiff on March 10, 2016. at 667-669, 584 N.W.2d 747. ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named JHS MANAGEMENT, LLC Search All Michigan Companies 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 18>> In summary, the trial court improperly ordered the production and admission of SIM's credentialing file. Id. (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. Suleiman's Motion, [Dkt. , 475 Mich. 663, 680-681, 719 N.W.2d 1 (2006), citing MCL 333.21515 and MCL 333.20175(8). But Dr. Hyde's opinion about what Dr. Beaghler would have disclosed upon further inquiry may not necessarily be considered unduly speculative. This matter arises from a surgery codefendant Dr. Dr. Jagannathan also explained that when a nerve has been pinched for four or five years without proper treatment, the chances of improvement are much lower. See Crown Technology v. D&N Bank, FSB , 242 Mich.App. "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." <> Under MRE 703, "[t]he facts or data in the particular case upon which an expert bases an opinion or inference shall be in evidence." A trial court's evidentiary rulings are generally reviewed for an abuse of discretion, but preliminary questions of law are reviewed de novo. We will check for: 2:18-CV-14094 | 2018-12-31, U.S. District Courts | Contract | [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. In short, he <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 12>> 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. endobj (DeNinno, Andrew) (Entered: 06/08/2022), (#3) NOTICE of Appearance by Brad Compston on behalf of All Plaintiffs. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. He. SIM further argues that if a negligent-credentialing cause of action exists, it sounds in medical malpractice and Dr. Hyde's testimony could not establish the standard of care and proximate causation; rather, his testimony was speculative, unreliable, and inadmissible because it lacked a factual basis in the record. Albert J. Dib and Barbara H. Goldman for Noel Dorsey. 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. [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. We therefore conclude that the judgment against SIM must be reversed. Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C.
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