Shaffy

FACTS AND PROCEEDINGS BELOW

A. Shaffy’s Claims in Arbitration and Respondents’ Defense Shaffy initiated the underlying medical negligence and battery arbitration in 2020. She claimed that Dr. Motykie, contrary to medical indications and her consent, had performed a “turbinectomy”—the complete removal of mucosal bony structures in the lower part of the nose called turbinates— resulting in her suffering from “empty nose syndrome.” Respondents do not dispute on appeal, nor did they at arbitration, that a turbinectomy is appropriate only in severe circumstances not present in Shaffy’s case, and thus that, had Dr. Motykie performed a turbinectomy, such surgery would have been below the standard of care. Rather, respondents’ defense was that Dr. Motykie performed not a turbinectomy, but a turbinoplasty, which involves changing the position of the turbinates in the nasal passage, rather than removing them. Respondents further presented evidence that Dr. Motykie’s performance of this procedure was within the standard of care.

B. Composition of Arbitration Panel and Initial Disclosures by Cooper The matter was assigned to a panel of three arbitrators through JAMS: retired…