According to Dr. Hyde, several of Dr. Beaghler's disclosures were very alarming and required further scrutiny, including that (1) Dr. Sabit was on provisional status at the time of his resignation; (2) Dr. Sabit did not always comply with medical staff bylaws, rules, regulations, and other policies; (3) action was taken against Dr. Sabit's clinical privileges in the form of a brief summary suspension which generally occurs when there are patient-safety concerns; (4) after Dr. Sabit resigned, his practice was the subject of a focus review which generally means the hospital had concerns for patient safety; and (5) ongoing professional practice evaluations revealed several concerns regarding Dr. Sabit. (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. 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? 636c and FRCP 73. 2 ], is therefore DEN IED. The loan's status was . 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. 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. endobj Jiab Suleiman, DO, MS, is a board-certified orthopedic surgeon offering his expertise to patients in Canton and Dearborn, Michigan, at Premier Orthopedics. In a memorandum dated May 10, 2018, OWCP noted that it would obtain a new impartial (DeNinno, Andrew) (Entered: 06/13/2022), (#14) WAIVER OF SERVICE Returned Executed. (313) 565-4989. 20 0 obj PPP Loan Data Jiab Suleiman, DO, PC, Dearborn, MI - FederalPay Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. Id. 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). 2:23-CV-00410 | 2023-02-01, Palm Beach County 15th Judicial Circuit Courts | Contract | 4 at 28.] <> 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. Had SIM done that, they would have noticed that Dr. Sabit falsely indicated that he had never had medical staff privileges suspended. (DeNinno, Andrew) (Entered: 06/08/2022), (#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. Dr. Juliet James on Twitter: "RT @Mrs_K_Suleiman: #PrinceHarry lawsuit Dr. Hyde believed the information would be within the scope of the comprehensive release CMH required before its initial disclosure. Woodard v. Custer , 473 Mich. 1, 6, 702 N.W.2d 522 (2005) ; Teal v. Prasad , 283 Mich.App. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, The trial court denied plaintiff's motion to admit the opinion as an exhibit. (Young, Barrett) (Entered: 07/19/2022), (#17) CERTIFICATE of Service/Summons Returned Executed. Lock did not recall ever seeing Dr. Sabit's response. Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. Dr. Suleiman submitted a report dated April 24, 2018, which did not provide an impairment rating. SIM objected to Dr. Hyde's testimony regarding this subject on hearsay, foundation, and relevancy grounds, but the trial court overruled the objections. impairment. We agree. The opinion confirmed Dr. Hyde's suspicions about Dr. Beaghler's disclosures and demonstrated that more information was available well before SIM granted Dr. Sabit privileges. 22 0 obj When a trial court errs with respect to critical evidence, the error cannot be deemed harmless. (Tilden, Nathan) (Entered: 06/08/2022), (#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. PDF Order Granting in Part, Denying in Part Motion to Strike Reports (Ecf Dr. Kenneth Lock testified that he was the medical director and chair of the medical executive committee at SIM in 2011. ID 807-15); (2) the ALJ's assessment of Amir's subjective complaints were supported by substantial evidence (id., Pg. 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. Facebook gives people the power to share and makes the world more open and connected. 27 Apr 2023 20:07:35 Leslie v. Allen-Bradley Co., Inc. , 203 Mich.App. 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." ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named CRESCENT HOLDINGS LLC Search All Michigan Companies 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. 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. 2023-01-31, El Paso County District Courts | Personal Injury | Dr. Sabit told her that she needed surgery, specifically, a lumbar fusion and laminectomy. 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." 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. In the first, SIM moved for separate trials with respect to the negligent-credentialing claim against it and the medical malpractice claims against Drs. at 667-669, 584 N.W.2d 747. [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. Additionally, Allstate's Motion for Leave to File a Sur-Reply, [Dkt. 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. See also Westland v. Okopski , 208 Mich.App. Co. of America , 237 Mich.App. 2023-02-22, El Paso County Courts | Personal Injury | waiver sent on 6/10/2022, answer due 8/9/2022. 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. 6 0 obj %PDF-1.4 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. Jiab Suleiman D.O., P.C. at 165-166, 369 N.W.2d 826. 8 0 obj Attard v. Citizens Ins. 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. The defendant argued that because the materials were collected by or for its credentialing committee, "which exercise[d] a professional review function," the materials were not discoverable. 311, 321, 602 N.W.2d 633 (1999). (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. Dr. Hyde reasoned that because Dr. Sabit was suspended many months before he applied for privileges at SIM, these matters were well known to CMH in May 2011 and Dr. Beaghler would have disclosed the reason for the suspension if SIM had made further inquiries in response to Dr. Beaghler's letter. 12 0 obj endobj 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."). 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. Prior to that, he completed a master's degree in biology at the University of Cincinnati and an undergraduate degree from Ohio State University. 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." 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). endobj Id. Lock believed that his responsibilities as medical director were limited to making sure the board of directors had information to make its own decisions. Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. Dr. Hyde opined that SIM's decision-makers were "totally uninformed," and if Dr. Sabit had been properly vetted, there would have been no basis to grant him privileges. The CT did, however, show an interspinous plate at L4-L5. Allstate Ins. Co. v. Orthopedic, P.C. - Casetext
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