Plaintiff claims that "Dr. Beaghler's letter to SIM was admitted by stipulation, in lieu of the attorneys [sic] traveling to California to attempt to depose him." Check all background information that MyLife has gathered. 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. Dr. Hyde believed the information would be within the scope of the comprehensive release CMH required before its initial disclosure. The trial court denied the motion, reasoning that it would not promote judicial economy because the medical malpractice of Drs. "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." 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. MCR 2.511 sets forth the procedures for jury selection, including the process of exercising challenges for cause or peremptorily. Racketeer Influenced & Corrupt Organizations Act (RICO) - 18 USC 1961-1968, Allstate Insurance Company et al v. Executive Ambulatory Surgical Center, LLC et al, (#13) WAIVER OF SERVICE Returned Executed. 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. He. 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. 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. ID 797-807); and (3) at step five of the five-step analysis found at 20 C.F.R. 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. (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. Serv. Chart of Patients and Treatment Billed to Allstate, #6 Exhibit 5 - New Clear Images, LLC Chart of Patients and Treatment Billed to Allstate, #7 Exhibit 6 - Biomolecular Integrations, Inc. (DeNinno, Andrew) (Entered: 06/13/2022), (#9) WAIVER OF SERVICE Returned Executed. In the midst of trial, SIM also filed a written motion in limine to exclude its credentialing file from evidence. Lock wrote a letter that thanked Dr. Sabit for his response. 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. The court then entered a judgment against Dr. Sabit, MBSPG, and SIM, jointly and severally. 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. 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. impairment. Sabit and Suleiman would be tried first and, after a verdict was received, the negligent-credentialing claim would be tried before the same jury. at 162, 369 N.W.2d 826. Dr. Jiab H. Suleiman is an orthopedist in Dearborn, Michigan and is affiliated with multiple hospitals in the area, including Beaumont Hospital-Wayne and DMC Harper University Hospital. On this record, there is no indication that plaintiff would have acquired the letter from a different source. The trial court denied SIM's motion, but declared that only evidence that was or should have been available at the time of SIM's credentialing decision could be admitted at trial. 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. Hosp. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 12>> endobj Suleiman diagnosed plaintiff with a labral tear and a bruised or injured AC joint, and Dr. Suleiman performed surgery on plaintiff on December 9, 2014. Executive Ambulatory Surgical Center, LLC waiver sent on 6/10/2022, answer due 8/9/2022. The employer identification number (EIN) for Jiab Suleiman, D.o., P.c. 538, 546 n. 3, 619 N.W.2d 66 (2000) ; see also Taylor v. Kent Radiology PC , 286 Mich.App. Plaintiffs Executive Ambulatory Surgical Center ("Executive") and Jiab Suleiman, D.O., P.C. 165, 168, 804 N.W.2d 754 (2010), that "a credentialing committee is a peer review committee" to which a privilege is afforded. It appears that hospitals and other health facilities and agencies commonly share information about a physician's history for credentialing purposes even when they would not do so in the context of litigation, so much so that the Legislature has granted immunity for such disclosures. The Court observed that the Public Health Code imposed a duty on the owner, operator, and governing body of a hospital to. We have found at least 1 Lawsuit, Lien, or Bankruptcy We have found at least 1 Court Record. Sabit and Suleiman. at 321, 602 N.W.2d 633. Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. 2023-01-31, El Paso County District Courts | Personal Injury | (DeNinno, Andrew) (Entered: 06/27/2022), Docket(#16) CERTIFICATE of Service/Summons Returned Executed. SIM opposed plaintiff's motions, denying that it removed or destroyed anything from the credentialing file before producing it to plaintiff. 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. 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 . Restaurants & Taverns LLC , 323 Mich.App. (Internal quotation marks supplied.). Yes, Dr. Jiab H. Suleiman is accepting new patients at this office. 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. (DeNinno, Andrew) (Entered: 06/08/2022), (#4) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Allstate Insurance Company identifying Corporate Parent The Allstate Corporation for Allstate Insurance Company. The CT did, however, show an interspinous plate at L4-L5. (DeNinno, Andrew) (Entered: 06/20/2022), (#15) WAIVER OF SERVICE Returned Executed. 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. She underwent surgery with Dr. Jagannathan on March 24, 2016, and had not been able to return to work since then. 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. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 5>> See Kelly v. Builders Square, Inc. , 465 Mich. 29, 38, 632 N.W.2d 912 (2001). 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. Damages Chart, Exhibit 10 - Jiab Suleiman D.O., P.C. (Tilden, Nathan) (Entered: 06/08/2022), Docket(#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. We therefore conclude that the judgment against SIM must be reversed. The court also indicated that the claims against Drs. 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. ({K@kZc~-8\OJxZtZskGq 3Wt)@#hk[CE h@Wf)W2L/\E][ l{v . Id. Find information about and book an appointment with Dr. Jiab H Suleiman, DO in Dearborn, MI, Canton, MI. CONCLUSION. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 15>> <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 7>> 1962 (c) and (d), common-law fraud, civil conspiracy, payment under mistake Id. Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. B249793), p. 1, 2015 WL 1954590 (alteration in original). Plaintiff testified that Dr. Suleiman referred her to Dr. Sabit on January 11, 2012, for severe back pain. AboutJiab Suleiman, DO. 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). Yet there was no evidence that anyone at SIM reached out to Dr. Beaghler or anyone else at CMH again. Responding to this type of inquiry, a hospital would generally summarize information without providing a detailed explanation of everything in Dr. Sabit's record. Dr. Hyde agreed that Dr. Sabit's National Practitioner Data Bank report was negative in May 2011 and that there were no lawsuits against Dr. Sabit pending in Ventura County at that time. To resolve the conflict, OWCP referred appellant to Dr. Jiab Suleiman, a Board-certified orthopedic surgeon, for an impartial medical examination. 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. Dr. Jiab Suleiman, DO is an orthopedic surgery specialist in Dearborn, MI and has over 25 years of experience in the medical field. 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."). 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. Co. of America , 237 Mich.App. 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). endobj This matter arises from a surgery codefendant Dr. 2023-02-22, El Paso County Courts | Personal Injury | The evidence was otherwise insufficient to meet plaintiff's burden of proof regarding the standard of care and proximate cause. After seeing Dr. Beaghler's letter, the board of directors decided to interview Dr. Sabit in person to determine what happened at CMH. 10 0 obj When Dr. Sabit was granted privileges, Dr. Although each of these cases involved hospitals, rather than a freestanding surgical outpatient facility like SIM, the analogous language establishing each health facility or agency's duties is significant. endobj Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022), U.S. District Courts | Other | 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. "), there is no indication that plaintiff acquired the letter from a source independent of the credentialing file. 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. endobj See Mitchell v. Kalamazoo Anesthesiology, PC , 321 Mich.App. 6 0 obj By 2015, she forced herself to return to work for financial reasons and found flexible employment that allowed her to make $25,500 that year. Under the circumstances, we will therefore discuss aspects of the credentialing file in this opinion. (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#13) WAIVER OF SERVICE Returned Executed. The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. at 664, 665-666, 584 N.W.2d 747. See also Teal , 283 Mich.App. SIM called only one defense witness: Dr. Mahmood Hai, one of SIM's founders and the executive director and president of the board of directors. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 0>> 350 Granite Street, Suite 2204 Braintree, MA 02184 Andrew H. DeNinno Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC, were treated as a single entity throughout these proceedings. And because SIM was a freestanding surgical outpatient facility licensed under a different section of the Public Health Code, MCL 333.1101 et seq. Specialities at 168, 804 N.W.2d 754 ("[A] credentialing committee is a peer review committee."). The first, presumably original, copy did not have the underlining reflected in the above quotation. A trial court's denial of a motion for JNOV is reviewed de novo. EIN for organizations is sometimes also referred to as taxpayer identification number or TIN. 23 0 obj Specialties: Hip and Knee Orthopedic Surgery, Orthopedic Surgery, Shoulder and Elbow Orthopedic Surgery. Id. Dr. Sabit performed the surgery at SIM on February 8, 2012. Although she did not work at SIM when Dr. Sabit applied, DeBeaudry reviewed his file in connection with this case. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 18>> The second copy included the above underlining added by hand. Dr. Hyde's testimony regarding that matter was therefore improper under MRE 703. 490, 493-494, 513 N.W.2d 179 (1994). is 010719076. 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. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> Allstate removed the action from the Third Judicial Circuit in Wayne County, Michigan, to this Court on . Voir dire must be calculated to facilitate that purpose. Jiab Suleiman, M.S., D.O., is a US trained board-certified orthopedic surgeon. Attard v. Citizens Ins. (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. [Dkt. "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." Bunda v. Hardwick , 376 Mich. 640, 659, 138 N.W.2d 305 (1965), citing Const. Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. People v. Fisher , 449 Mich. 441, 449-450, 537 N.W.2d 577 (1995). 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). 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. CMH required Dr. Sabit to execute an extensive release before it would disclose any information. See MCL 600.2169(1) ; MCR 2.116(C)(10) ; Nelson v. American Sterilizer Co. , 223 Mich.App. On cross-examination, Dr. Hai testified that he did not think Dr. Sabit lied to SIM; the discrepancies between his disclosures and the matters in Dr. Beaghler's letter could have been a matter of differing terminology. See Feyz , 475 Mich. at 681, 719 N.W.2d 1, citing MCL 331.531. Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. ADDITIONAL LINKS Post Question For This Company Contact Us Regarding Your Company Profile All Companies Named JHS MANAGEMENT, LLC Search All Michigan Companies Although the opinion containing this information was not released until 2015, Dr. Hyde opined that Dr. Beaghler would have provided the same information if SIM had inquired. 349759). 12 0 obj Premier Orthopedics is a provider established in Dearborn, Michigan operating as a Orthopaedic Surgery. The trial court entertained oral argument regarding these matters on March 20, 2019, and denied each motion in a series of orders entered June 25, 2019. Damages Chart, #12 Exhibit 11 - Rakesh Ramakrishnan, M.D., P.C. 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 argues that it is entitled to JNOV because of the improper admission of the credentialing file. Lock explained that he did not make a recommendation regarding Dr. Sabit and was not involved in the vote regarding his application. 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. 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). Search for your insurance provider. Chart of Patients and Treatment Bill, Exhibit 3 - Jiab Suleiman D.O., P.C. Questions Post Question There are no questions yet for this company. Dr. Hai reiterated that SIM looked at all the relevant information at the time of its decision and reasoned that Dr. Sabit simply went "rogue" later. Rakesh Ramakrishnan, M.D., P.C. The credentialing file included a series of letters that formed the primary evidentiary basis for plaintiff's case against SIM. Mueller v. Brannigan Bros. SIM argued that there was no evidence that Dr. Sabit submitted a written response, and SIM's medical director testified that he had no recollection of having seen any such response. 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. Dorsey v. Surgical Institute of Michigan, LLC. 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. Dr. Sabit told her that she needed surgery, specifically, a lumbar fusion and laminectomy. Dr. Sabit told the board he was suspended because of problems with medical records, which the board considered acceptable. 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. Jiab Suleiman, DO PC is a medical group practice located in Canton, MI that specializes in Internal Medicine. Signed by District Judge George Caram Steeh. Rakesh Ramakrishnan, M.D., P.C. As Dr. Hyde noted, the information was certainly available to Dr. Beaghler in May 2011. The letter requested a written response, but there was no written response from Dr. Sabit in the credentialing file. Plaintiff continued to have persistent pain and was treating with one of Dr. Jagannathan's colleagues, a pain-management specialist. Licenses and Affiliations At any rate, CMH provided enough information to prompt a reasonably intelligent and prudent administrator to follow up. 2:18-CV-14093 | 2018-12-31, U.S. District Courts | Contract | 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. See Crown Technology v. D&N Bank, FSB , 242 Mich.App. 14 0 obj Dr. Hai also opined that if SIM had denied Dr. Sabit's application, it would not have caused his privileges elsewhere to be revoked. Lock was not familiar with the significance of a summary suspension, and he did not ask Dr. Sabit to explain that disclosure. Receipt No: AMIEDC-8940305 - Fee: $ 402. <> Providers Overview Location Reviews. Id. 2:21-CV-10985 | 2021-05-03, U.S. District Courts | Contract | (BSau) (Entered: 07/22/2022), (#21) ORDER OF RECUSAL AND REASSIGNING CASE from District Judge Judith E. Levy in Ann Arbor to District Judge George Caram Steeh in Detroit. 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). "An abuse of discretion generally occurs only when the trial court's decision is outside the range of reasonable and principled outcomes, but a court also necessarily abuses its discretion by admitting evidence that is inadmissible as a matter of law." Id. Suleiman's Motion, [Dkt. At any rate, the only basis for admission of Dr. Beaghler's letter at trial was as part of the credentialing file that should have been excluded from evidence under MCL 333.20175(8) and MCL 333.21515. 5 0 obj at 674 n 11, 584 N.W.2d 747 ("[P]lacement of a document within such a file does not protect its discovery if available from another source. 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. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Id. 490, 510, 780 N.W.2d 900 (2009) (noting that "i[f] defendants felt that plaintiffs did not have the evidence to support their burden of proof for a traditional medical malpractice claim, defendants should have moved for summary disposition , directed verdict , or JNOV on the basis that plaintiffs evidence was insufficient to prove by a preponderance that Bixler's malpractice caused Taylor's injuries") (emphasis added). Plaintiff testified that in February or March 2016, she began seeing neurosurgeon Dr. Jayant Jagannathan, who told her that an MRI did not reflect the procedures Dr. Sabit told her he performed. About Dr. Suleiman Bio Questions Post Question There are no questions yet for this company. Full title:NOEL DORSEY, Plaintiff-Appellee, v. SURGICAL INSTITUTE OF MICHIGAN, LLC. He graduated from At Still University Health Sciences/Kirksville College Of Osteopathic Medicine in 1997. 16 0 obj <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 6>> Unambiguous statutory language must be enforced as written and no judicial construction is required or permitted. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 19>> He had no formal training in healthcare administration. Dr. at 395, 772 N.W.2d 57 ("[T]here must be facts in evidence to support the opinion testimony of an expert.") 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. 2022-03-22, U.S. District Courts | Contract | endobj Plaintiff felt "destroyed" by what she went through. endobj Thus, Dr. Hyde's testimony about the significance of Dr. Beaghler's disclosures and the steps SIM should have taken in response to the letter was not based on facts in evidence, contrary to MRE 703. (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#14) WAIVER OF SERVICE Returned Executed. endobj Plaintiff asserted a . 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 agreed and granted a directed verdict with respect to the standard of care, breach of the standard of care, and causation. 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. In summary, the trial court improperly ordered the production and admission of SIM's credentialing file. 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. Dr. Beaghler provided a written response after the release was returned. See Dorsey v. Surgical Institute of Mich. LLC , unpublished order of the Court of Appeals, entered May 6, 2020 (Docket No. 195, 223, 755 N.W.2d 686 (2008) (quotation marks and citation omitted). SIM's credentialing file contained two copies of this letter. The Surgical Institute of Michigan, LLC served on 6/20/2022, answer due 7/11/2022. Jiab Suleiman is on Facebook. Premier Orthopedics 17000 Executive Plaza Dr Ste 101 Dearborn, MI 48126. Additional Specialties: Orthopedic Surgery. Sabit." 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." endobj As such, the peer-review privilege in MCL 333.21515 applies to SIM. Phone: (313) 789-5328. Chart of Patients and Treatment Billed to Allstate, #8 Exhibit 7 - Mail and Wire Fraud Chart, #9 Exhibit 8 - Executive Ambulatory Surgical Center, LLC Damages Chart, #10 Exhibit 9 - The Surgical Institute of Michigan, LLC Damages Chart, #11 Exhibit 10 - Jiab Suleiman D.O., P.C. waiver sent on 6/10/2022, answer due 8/9/2022. From his response and the rest of the credentialing file, the board of directors saw no reason to follow up with Dr. Beaghler. We do not retain jurisdiction. 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). " PLAINTIFF DID NOT ESTABLISH A PRIMA FACIE CASE FOR NEGLIGENT CREDENTIALING BASED ON ADMISSIBLE EVIDENCE. Lock did not recall ever seeing Dr. Sabit's response.