Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. See Crown Technology v. D&N Bank, FSB , 242 Mich.App. Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. With respect to future damages, the jury also awarded plaintiff $5,000 per year from 2018 to 2055 for noneconomic damages, $18,000 per year from 2018 to 2055 for medical expenses, and $40,000 per year from 2018 to 2039 for loss of earning capacity. He states that he formed his opinions after 2 Discussed below is Jiab Suleiman's qualification to testify as an expert. at 321, 602 N.W.2d 633. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 10>> impairment. (313) 565-4948. Phone: (313) 583-3230. Aetna; Humana; Help Improve Healthgrades In pertinent part, the opinion states that on December 3, 2010, CMH informed Dr. Sabit "that it was summarily suspending his provisional staff privileges at the Hospital to protect the life or well-being of patients [and] to reduce imminent danger to the life, health or safety of any person. " Sabit v. Abou-Samra , unpublished opinion of the California Court of Appeals for the Second District, issued April 30, 2015 (Docket No. Dr. endobj He works in Dearborn, MI and 11 other locations and specializes in Orthopedic Surgery. 576, 583, 505 N.W.2d 27 (1993). (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. ALLSTATE INSURANCE COMPANY et al v. ORTHOPEDIC, P.C. et al <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> 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. The relevance of Dr. Beaghler's letter was not to prove the truth of the disclosuresthe alleged deficiencies in Dr. Sabit's performance at CMH were of no moment to this case. At any rate, CMH provided enough information to prompt a reasonably intelligent and prudent administrator to follow up. Plaintiff reported persistent pain after a lumbar fusion performed by Dr. Sabit, but a CT myelogram did not reveal evidence of a lumbar interbody fusion, laminectomy, or placement of an interbody cage at L4-L5. Given the Legislature's express warning against relying on a heading or title to alter the plain meaning of the statutory language in the Public Health Code, the mere fact that MCL 333.21515 falls within a part with the heading "HOSPITALS," should not be unduly persuasive. 12 0 obj 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. On this record, there is no indication that plaintiff would have acquired the letter from a different source. PDF Order Granting in Part, Denying in Part Motion to Strike Reports (Ecf As noted earlier, the parties do not dispute that SIM is a freestanding surgical outpatient facility, and MCL 333.20106(1)(c) includes a freestanding surgical outpatient facility within the definition of a health facility or agency. (DeNinno, Andrew) (Entered: 06/20/2022), (#15) WAIVER OF SERVICE Returned Executed. Lock could not say that he understood Dr. Sabit was suspended for reasons implicating patient safety because "I'm not sure I remember reading that letter from way back 6 years ago." Id. 2:22-CV-11826 | 2022-08-08, Volusia County Courts | Other | Jiab Suleiman is on Facebook. The defendant notified the Michigan Board of Medicine of its decision but refused to turn over information developed in the internal investigation when the board began its own investigation of the incident. Following a July 19, 2018 hearing, the trial court denied that motion on the basis of plaintiff's proffer of its expert-witness testimony. Dorsey v. Surgical Institute of Michigan, LLC. (DeNinno, Andrew) (Entered: 06/27/2022), (#16) CERTIFICATE of Service/Summons Returned Executed. Id. EMG studies suggested a possibility of permanent nerve damage. 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. 2:18-CV-14093 | 2018-12-31, U.S. District Courts | Contract | 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. Dr. Jagannathan operated on plaintiff on May 24, 2016. Fax: (313) 565-4989. Dr. John Charles Hyde, II, testified as an expert for plaintiff in credentialing and physician privileges. Id. 15 0 obj Executive Ambulatory Surgical Center, LLC waiver sent on 6/10/2022, answer due 8/9/2022. Plaintiff's back pain persisted after the procedure. Dr. Jiab Suleiman, Orthopedic Surgeon in Dearborn | Patient Reviews Plaintiff's counsel drew Dr. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 18>> endobj at 161, 369 N.W.2d 826. See Attard , 237 Mich.App. She did not consider herself an expert in credentialing, but she was knowledgeable about preparing or gathering documentation for credentialing purposes. 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. That was not true, and she continued to feel pain months later. Nonetheless, she still struggled to get out of bed every day and her husband took over a majority of household upkeep and child-rearing responsibilities. A "health facility or agency" is a broad term encompassing several types of entities, including freestanding surgical outpatient facilities and hospitals. Serv. 10 0 obj Id. 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. Yet there was no evidence that anyone at SIM reached out to Dr. Beaghler or anyone else at CMH again. Specialties: Hip and Knee Orthopedic Surgery, Orthopedic Surgery, Shoulder and Elbow Orthopedic Surgery. Education & Training A.T. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 7>> Bloomfield Hills surgeon charged in health care fraud - The Detroit News endobj Additionally, Allstate's Motion for Leave to File a Sur-Reply, [Dkt. Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. 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. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Providers. Part of her duties was to gather information regarding physicians who applied for staff privileges at SIM and point out any "red flags" or concerning material in the gathered information. Lock said, "I'm not sure I understand what summary suspension means." 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. Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. 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. In fact, her continuing back pain left her unable to work throughout most of 2011 through 2014. He had no formal training in healthcare administration. 636c and FRCP 73. 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. Albert J. Dib and Barbara H. Goldman for Noel Dorsey. 2023-02-22, El Paso County Courts | Personal Injury | The court then entered a judgment against Dr. Sabit, MBSPG, and SIM, jointly and severally. From his response and the rest of the credentialing file, the board of directors saw no reason to follow up with Dr. Beaghler. Nonetheless, as explained above, the credentialing file was inadmissible. Facebook gives people the power to share and makes the world more open and connected. Lock explained that "credentialing packet[s]" were processed and given to the board of directors for decision. See Bryant v. Oakpointe Villa Nursing Centre, Inc. , 471 Mich. 411, 422, 684 N.W.2d 864 (2004) (discussing characteristics that distinguish medical malpractice from general negligence). Although SIM produced its credentialing file regarding Dr. Sabit pursuant to the court's order, SIM continued to object to the admissibility of the file. Jiab Suleiman D.O., P.C. With respect to summary suspensions, Dr. Ctr., Inc. , 497 Mich. 251, 255, 865 N.W.2d 908 (2015). Issues of statutory interpretation are reviewed de novo. 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.) (DeNinno, Andrew) (Entered: 06/13/2022), DocketA United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. SIM also argues that it was entitled to JNOV because Michigan does not recognize negligent credentialing as a cause of action. 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. 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.