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538, 546 n. 3, 619 N.W.2d 66 (2000) ; see also Taylor v. Kent Radiology PC , 286 Mich.App. Aria Omar Sabit performed on plaintiff, Noel Dorsey, at SIM on February 8, 2012. 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. 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. EIN for organizations is sometimes also referred to as taxpayer identification number or TIN. (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. See Attard , 237 Mich.App. Id. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. % The general provisions of Article 17 include 20175(8), which states: MCL 333.21515 similarly provides, "The records, data, and knowledge collected for or by individuals or committees assigned a review function described in this article are confidential and shall be used only for the purposes provided in this article, shall not be public records, and shall not be available for court subpoena." endobj Restaurants & Taverns LLC , 323 Mich.App. <> Jiab Suleiman, D.o., P.c. Ctr., Inc. , 497 Mich. 251, 255, 865 N.W.2d 908 (2015). 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). Plaintiff moved for a directed verdict against Dr. Sabit, arguing that there had been no defense proffered on his behalf, leaving only plaintiff's uncontroverted evidence regarding his violations of the standard of care and proximate causation. endobj (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. According to SIM's bylaws, the medical director was responsible for making recommendations to the board of directors regarding all applicants for staff privileges. Jiab Suleiman DO PC has not yet specified accepted insurance plans. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 5>> 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." Plaintiff believed her recovery from the March 24, 2016 surgery progressed as expected. We agree. "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." 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. endobj 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? 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. Plaintiff felt "destroyed" by what she went through. 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. Ctr. Jiab Suleiman D.O., P.C. About JIAB SULEIMAN, DO, P.C. But even if SIM's credentialing file regarding Dr. Sabit was not protected by MCL 333.21515, it was clearly privileged under MCL 333.20175(8). 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. 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. SIM objected on several grounds, including its assertion that the amounts awarded by the jury for past damages included interest within the stated figures. Lock believed that his responsibilities as medical director were limited to making sure the board of directors had information to make its own decisions. Unambiguous statutory language must be enforced as written and no judicial construction is required or permitted. Dr. Sabit submitted an application for surgical privileges at SIM on or about April 29, 2011. 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). " SIM's credentialing file regarding Dr. Sabit was protected by a statutory peer-review privilege under MCL 333.20175(8) and MCL 333.21515. The trial court denied the motion, reasoning that it would not promote judicial economy because the medical malpractice of Drs. Dr. SIM therefore argues that JNOV is warranted because, without the credentialing file, there was insufficient evidence to create a jury question. Id. 350 Granite Street, Suite 2204 Braintree, MA 02184 Andrew H. DeNinno SIM argued that separate trials would prevent SIM from unnecessarily having to participate in a lengthy medical malpractice trial, there was little overlap between the proofs for each respective claim, and that SIM would be unfairly prejudiced if plaintiff was "permitted to smear and taint the jury's consideration of SIM's credentialing decisions with the post-credentialing misdeeds of Dr. See MCL 600.2169(1) ; MCR 2.116(C)(10) ; Nelson v. American Sterilizer Co. , 223 Mich.App. The CT did, however, show an interspinous plate at L4-L5. Plunkett Cooney (by Robert G. Kamenec ) for defendants Surgical Institute of Michigan, LLC, and Surgical Institute of Michigan Ambulatory Surgery Center, LLC. Damages Chart, Exhibit 9 - The Surgical Institute of Michigan, LLC Damages Chart, Exhibit 6 - Biomolecular Integrations, Inc. But Dr. Hyde's opinion about what Dr. Beaghler would have disclosed upon further inquiry may not necessarily be considered unduly speculative. 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.) Sabit and Suleiman. ID 797-807); and (3) at step five of the five-step analysis found at 20 C.F.R. Call Dr. Jiab H Suleiman on phone number (313) 565-4948 for more information and advice or to book an appointment. Instead, the privilege established by MCL 333.21515 extends to "records, data and knowledge collected for or by individuals or committees assigned a review function described in this article ." The article referenced in this provision is Article 17, which governs a wide variety of health facilities or agencies, including freestanding surgical outpatient facilities. See Kelly v. Builders Square, Inc. , 465 Mich. 29, 38, 632 N.W.2d 912 (2001). 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." Plaintiff requests summons issued. We will check for: Section 1113 of Article 1 provides, "A heading or title of an article or part of this code shall not be considered as part of this code or be used to construe the code more broadly or narrowly than the text of the code sections would indicate, but shall be considered as inserted for convenience to users of this code." Article 17 of the Public Health Code generally governs licensing and regulation of health facilities and agencies. Damages Chart, #15 Civil Action Cover Sheet, #16 Proposed Summonses) (DeNinno, Andrew) (Entered: 06/08/2022), U.S. District Courts | Other | 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. Chart of Patients and Treatment Billed to Allstate, #5 Exhibit 4 - Rakesh Ramakrishnan, M.D., P.C. 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. MRE 801(c). And because SIM was a freestanding surgical outpatient facility licensed under a different section of the Public Health Code, MCL 333.1101 et seq. (DeNinno, Andrew) (Entered: 06/13/2022), 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. We therefore need not reach the remaining issues that are raised on appeal. Dr. Hyde opined that it was a gross violation of the credentialing process to rely on Dr. Sabit to clarify the details of Dr. Beaghler's disclosures, especially after Dr. Sabit made material misrepresentations in his application. We review de novo a trial court's decision regarding a motion for JNOV. Hecht v. Nat'l Heritage Academies, Inc. , 499 Mich. 586, 604, 886 N.W.2d 135 (2016) (citations omitted). Id. 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. (Internal quotation marks supplied.). Jiab Suleiman D.O., P.C. Plaintiff requests summons issued. The second copy included the above underlining added by hand. 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. In the midst of trial, SIM also filed a written motion in limine to exclude its credentialing file from evidence. The trial court agreed to give an adverse-inference instruction because the evidence showed that SIM asked Dr. Sabit for a written response, acknowledged receipt of a response, and no response was produced with SIM's records. 2:18-CV-14093 | 2018-12-31, U.S. District Courts | Contract | On November 14, 2018, plaintiff moved for entry of a judgment against SIM, Dr. Sabit, and MBSPG, jointly and severally. The trial court erred by compelling its production and admitting it at trial. Signed by District Judge George Caram Steeh. (DeNinno, Andrew) (Entered: 06/27/2022), Docket(#16) CERTIFICATE of Service/Summons Returned Executed. SIM's credentialing file contained two copies of this letter. Dye v. St. John Hosp. 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 162, 369 N.W.2d 826. 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. The trial court agreed and granted a directed verdict with respect to the standard of care, breach of the standard of care, and causation. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 7>> 2023-02-22. 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. Lock said, "Because I told you, I'm doing this as a helpful basis," and it was up to the board of directors to decide whether to grant privileges. Additionally, Allstate's Motion for Leave to File a Sur-Reply, [Dkt. 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. at 168, 804 N.W.2d 754 ("[A] credentialing committee is a peer review committee."). endobj Suleiman's Motion, [Dkt. Albert J. Dib and Barbara H. Goldman for Noel Dorsey. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 9>> The jury determined that SIM negligently credentialed Dr. Sabit and that the negligent credentialing was a proximate cause of plaintiff's injuries. Hosp. Insurance Check. See Mitchell v. Kalamazoo Anesthesiology, PC , 321 Mich.App. to Respond to Complain by 9/09/2022. to Respond to Complain by 9/09/2022. Id. Plaintiff filed this lawsuit in 2016 after learning from another neurosurgeon that the described procedures were not actually performed. Recognizing the precedent established in Attorney General and Dye , this Court again confirmed in Johnson v. Detroit Med. 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." 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." Generally, medical malpractice claims require expert testimony regarding the appropriate standard of care and causation. 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). endobj 8 0 obj Additionally, SIM should have assessed Dr. Sabit's application to see if he truthfully disclosed the same issues. s -e5-l5h++9 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. Dr. Kenneth Lock testified that he was the medical director and chair of the medical executive committee at SIM in 2011. 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." 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. That evidence should have been excluded. 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. Dr. Suleiman graduated from the A T Still University Kirksville College of Osteopathic Medicine in 1997. 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." 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. Specialities Payment method discover, amex, check, all major credit cards Neighborhood Allstate Insurance Company et al v Ayman Tarabishy, MC., PLLC et al, Augustine v. Allstate Insurance Company et al, ATLANTIC WELLNESS CENTER INC A/A/O TIMOTHY CROSSON V. ASMI AUTO INSURANCE COMPANY, Executive Ambulatory Surgical Center, LLC et al v. Allstate Insurance Company, Executive Ambulatory Surgical Center, LLC v. State Farm Mutual Automobile Insurance Company, Patriot Disaster Specialist, LLC v. Allstate Property and Casualty Insurance Company, KRAMER, GLENN V ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY V LAMPERT, MIRIAM, RISHDI FAYYAD ASAM VS SYNTHIA IBANEZ AND ALLSTATE FIRE AND CASUALTY INSURANCE COMAPNY, Yvette Lee Schultz, and Jeslyn Kali Gonzalez Minjares VS Drae Frescas and Allstate Fire and Casualty Insurance Company, SMART GLASS CALIBRATIONS LLC DBA ADAS360 AAO MARYvs. Per Curiam. More Info Extra Phones. Serv. Without his testimony, plaintiff could not have established a prima facie case of negligent credentialing. (NAhm) (Entered: 07/22/2022), (#20) NOTICE of Appearance by Theodore R. Eppel on behalf of Rakesh Ramakrishnan, M.D., P.C., Rakesh Ramakrishnan. Dr. Jagannathan operated on plaintiff on May 24, 2016. SIM argues that it is entitled to JNOV because of the improper admission of the credentialing file. CONCLUSION. Jiab Suleiman is on Facebook. Issues of statutory interpretation are reviewed de novo. Licenses and Affiliations 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. Reversed and remanded for entry of judgment in favor of SIM. Dr. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 4>> (quotation marks and citation omitted; alteration in original). 4 0 obj It also referenced two specific instances in which Dr. Sabit did not render appropriate medical care. MCL 333.1113. The court also determined that plaintiff was required to prove that Dr. Sabit committed malpractice as part of her negligent-credentialing claim against SIM, plaintiff could not rely on Dr. Sabit's default for that purpose, and SIM was free to dispute Dr. Sabit's malpractice as part of its defense. Yet there was no evidence that anyone at SIM reached out to Dr. Beaghler or anyone else at CMH again. He cleaned . (Compston, Brad) (Entered: 06/08/2022), Docket(#2) NOTICE of Appearance by Nathan Tilden on behalf of All Plaintiffs. 1963, art. 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. Plaintiff's complaint also raised claims against Dr. Jiab Hasan Suleiman and his practice, Jiab Suleiman, D.O., PC, doing business as Premier Orthopedics. Dr. Hyde noted that CMH did not know what Dr. Sabit had already disclosed and would have assumed Dr. Sabit was forthcoming. Although she did not work at SIM when Dr. Sabit applied, DeBeaudry reviewed his file in connection with this case. Public Records Policy. Jiab Suleiman, DO, PC in Dearborn, MI received a Paycheck Protection Loan of $168,200 through Citizens Bank, National Association, which was approved in April, 2020. The trial court ultimately determined that the jury intended to comply with its instructions, which required it to include only precomplaint interest, and therefore construed the verdict as awarding 12% interest from February 8, 2012 (date of surgery) through December 1, 2016 (plaintiff's complaint). The court then entered a judgment against Dr. Sabit, MBSPG, and SIM, jointly and severally. Plaintiff's counsel drew Dr. 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. 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). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 15>> 19 0 obj Dr. Suleiman submitted a report dated April 24, 2018, which did not provide an impairment rating. 195, 223, 755 N.W.2d 686 (2008) (quotation marks and citation omitted). Phone: (313) 583-3230. (DeNinno, Andrew) (Entered: 06/27/2022), (#16) CERTIFICATE of Service/Summons Returned Executed. See MCL 333.20101(2) and MCL 333.21501(2). Rather, the logical significance of the letter was the effect the disclosures had on SIM's decision to grant Dr. Sabit privileges. Dr. , it could not rely on the confidentiality provision in MCL 333.21515. [Dkt. When Dr. Sabit was granted privileges, Dr. Id. In the spring of 2018, Dr. Jagannathan operated on plaintiff again to decompress the area adjacent to the fusion level. at 255-256, 865 N.W.2d 908. EMG studies suggested a possibility of permanent nerve damage. On the whole, we conclude that despite the placement of MCL 333.21515 in Part 215 alongside other provisions applicable to hospitals, the Legislature's reference to the review functions described in Article 17, as opposed to Part 215, evidences its intent to extend the statutory privilege for peer-review materials to all health facilities and agencies with review functions imposed by Article 17. Dr. Jagannathan recently performed a third surgery on plaintiff's back earlier in 2018. & Med. Boonstra, P.J., and Cavanagh and Gadola, JJ., concurred. (Tilden, Nathan) (Entered: 06/08/2022), Docket(#1) COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Feyz v. Mercy Mem. See also Teal , 283 Mich.App. We reverse and remand for entry of judgment in favor of SIM. Unlike MCL 333.20175(8), MCL 333.21515 does not use "health facility or agency" terminology that, by definition, encompasses a freestanding surgical outpatient facility. 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. Due to this perceived financial relationship between the Judgement Debtors and Suleiman, Allstate subpoenaed Suleiman's financial records from JPMorgan Chase Bank ("Chase") pursuant to Federal Rules of Civil Procedure 45 and 69 on August 12, 2021. He was never directly employed or compensated by SIM; he merely agreed to help out because SIM had a young, small staff at the time. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 17>> 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. <> 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. Rakesh Ramakrishnan, M.D., P.C. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 18>> 490, 493-494, 513 N.W.2d 179 (1994). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Tabs/S/StructParents 14>> 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. PLAINTIFF DID NOT ESTABLISH A PRIMA FACIE CASE FOR NEGLIGENT CREDENTIALING BASED ON ADMISSIBLE EVIDENCE. (DeNinno, Andrew) (Entered: 06/13/2022), Docket(#14) WAIVER OF SERVICE Returned Executed. 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. Full title:NOEL DORSEY, Plaintiff-Appellee, v. SURGICAL INSTITUTE OF MICHIGAN, LLC. Education Jiab Suleiman, DO earned a degree of a Doctor of Osteopathic Medicine. (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. 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. 1 0 obj 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. SIM responded that it was a health facility, as set forth in MCL 333.20175(8), and entitled to the protections afforded by statute. Accordingly, the file was not subject to discovery and should not have been admitted at trial. The trial court ruled that SIM could be held jointly and severally liable if plaintiff obtained a verdict against Dr. Sabit, but only with respect to a malpractice claim. 2:23-CV-00410 | 2023-02-01, Palm Beach County 15th Judicial Circuit Courts | Contract | Before: BOONSTRA, P.J., and CAVANAGH and GADOLA, JJ. B. The vast majority of Dr. Hyde's testimony focused on the implications of Dr. Beaghler's disclosures and Dr. Hyde's belief that the nature of the disclosures required further investigation. Of the nearly 20 motions in limine filed by the parties, only two have particular relevance to the issues on appeal. The practitioner's primary taxonomy code is 207X00000X with license number 5101013467 (MI). People v. Fisher , 449 Mich. 441, 449-450, 537 N.W.2d 577 (1995). 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. Jane Boruta, MD. When SIM attempted to renew its argument about the prejudice arising from defending the negligent-credentialing claim after the jury were to find Dr. Sabit professionally negligent, the trial court said, "And the answer to am I going to hold two separate trials with two separate Juries is a resounding no I am not." Dr. Jagannathan was still hopeful that she would continue to improve. endobj endobj Plaintiff followed up with Dr. Sabit, and his office notes indicated that she had an excellent result and felt great. Sabit." Dr. Hyde believed his opinion was reinforced by the deposition testimony of Dr. Kenneth Lock, SIM's medical director in 2011. Id. 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. 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. "Voir dire is the process by which litigants may question prospective jurors so that challenges to the prospective jurors can be intelligently exercised." endobj 7 0 obj , 291 Mich.App. The goal of statutory interpretation is to give effect to the Legislature's intent, as discerned from the plain language of the statute. Licenses and Affiliations Dr. Sabit reported that he previously had staff privileges at CMH, so a reference request was sent there. However, the court found no evidence that SIM intentionally destroyed evidence and therefore denied the motion for sanctions. 3-2.] The loan's status was . Dr. Hai indicated that he reviewed Dr. Sabit's National Practitioner Data Bank report, which was clean in May 2011. Jiab Suleiman waiver sent on 6/10/2022, answer due 8/9/2022. 566, 571, 918 N.W.2d 545 (2018). He is affiliated with medical facilities such as Garden City Hospital and Beaumont Hospital Taylor. , 230 Mich.App. He had [a] Michigan license, he had [a] California license, he has [a] license in New Jersey, and there was nothing outstanding that we could see in paper.". at 165-166, 369 N.W.2d 826. x\[o~yQ+M6M(vM33| E_dH%Qp83$}OQ{:>|=?::_zG7;GwOS,z>;>=a_8`?q3xp0x'9|Jw{=>~4"*uo#^#LQaIu$5VSbYRxQ (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. 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. See Feyz , 475 Mich. at 681, 719 N.W.2d 1, citing MCL 331.531. Receipt No: AMIEDC-8940305 - Fee: $ 402. 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).