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Doctor attends to patient while consulting on the phone in a hospital room. In cataract litigation, the focus is often placed on the operation itself. In practice, many successful claims arise not from what happened in theatre, but from what occurred, or failed to occur, afterwards. This blog is written for surgeons, medical experts, and those involved in medico-legal analysis. It explores how post-operative care and follow-up are examined by the court, and why apparently min

Colleage of eye Delay in cataract pathways is one of the most common and most misunderstood issues in cataract-related litigation. Cataract is often described as an elective condition, yet in medico-legal practice delay can be central to breach, causation, and outcome. This blog is written for surgeons, medical experts, and those involved in medico-legal analysis. It explores how delay is examined retrospectively by the court and why the question is rarely whether surgery was

Blurrred image after cataract surgery can occur if incorrect lens in selected leading to anisometropia. Leave about the medicolegal consequences of the same.

IOL mis-selection can lead to refractive surprise which can lead to litigation. This blog helps you to identify areas that must be addressed to avoid the breach of the duty of care

Eye Procedure Consent in cataract surgery is rarely about whether a form was signed. In medico-legal practice, it is about whether the patient was placed in a position to make a genuinely informed decision, taking into account their individual circumstances, priorities, and risks. This blog is written for surgeons, medical experts, and those involved in medico-legal assessment. Its purpose is to explore how consent in cataract surgery is examined retrospectively by the court,

Development of Retinal Vessels in Retinopathy of Prematurity Retinopathy of prematurity remains one of the most significant and preventable causes of childhood blindness worldwide. In the UK, ROP litigation arises when screening opportunities are missed, follow-up is delayed, or treatment thresholds are misunderstood. Because ROP develops rapidly and may progress to retinal detachment in a matter of days, the medico-legal scrutiny is intense, and the required standard of car

Retinal haemorrhages in infants and young children are among the most scrutinised findings in safeguarding and non-accidental injury (NAI) cases. Courts expect medical experts to provide clear, balanced, and evidence-based interpretation of these findings, recognising the difference between plausible accidental mechanisms and forces more consistent with abusive head trauma. This blog is written for medical professionals, expert witnesses, and colleagues in safeguarding . Its

Paediatric ocular trauma is a common yet often underestimated area of ophthalmic medicolegal practice. Children present with a wide range of injuries, from innocuous appearing superficial trauma to sight threatening internal damage. The legal system relies heavily on ophthalmic experts to interpret the mechanism of injury, the potential for long-term harm, and whether the clinical management met accepted standards of care. This blog is written for medical professionals, exper

Eye examination of a newborn The red reflex examination is one of the simplest and most powerful screening tools in paediatrics. A few seconds with an ophthalmoscope can detect sight threatening conditions such as congenital cataract, retinoblastoma, vitreous opacities, and significant refractive errors. Yet in clinical negligence work, it is also one of the most commonly scrutinised steps in a child’s early visual assessment. This blog is written for medical professionals, e

Paediatric cataract is one of the most time-sensitive and high-stakes conditions in paediatric ophthalmology. Unlike adult cataract, where visual loss is usually reversible, paediatric cataract has the potential to cause irreversible deprivation amblyopia if not recognised and treated within a narrow developmental window. For medical professionals and solicitors, understanding the clinical standards of care, the timing of intervention, and the consequences of delay is essenti

Srtabismus due to various forces on the eye Strabismus is far more than a cosmetic misalignment. In childhood it represents a time-critical neurovisual emergency where prompt recognition and appropriate management are essential to prevent permanent loss of binocular function and amblyopia. For solicitors, strabismus cases raise important questions about breach of duty, causation, and long-term functional impact. This article explains why strabismus is a high-risk area in paed

Refractive error in a child Refractive error in childhood is common, correctable, and often harmless when identified early. Yet it is also a significant source of paediatric ophthalmology litigation. When children are assessed without adequate cycloplegia, misdiagnosed due to inexperience, or reviewed at inappropriate intervals, refractive error can directly lead to amblyopia, developmental delay, and long-term functional consequences. For solicitors, understanding when a mis

Brain with a light in the visual development region Amblyopia is one of the most common causes of preventable visual impairment in childhood, yet it remains one of the most litigated areas in paediatric ophthalmology. The condition is highly sensitive to timing, dependent on visual neurodevelopment, and unforgiving when delays occur. For solicitors handling paediatric clinical negligence claims, an understanding of the medicolegal framework around amblyopia is essential. This

a bird with justice

a giving evidence in the court Paediatric ophthalmology is one of the most complex and scrutiny-heavy areas of medico-legal practice. It requires a blend of clinical precision, developmental insight, safeguarding awareness, and the ability to translate nuanced medical reasoning into clear, court-ready opinion. For solicitors, choosing the right expert in this field is more than a matter of subspecialty alignment. It is an essential decision that may determine the strength of

Commentary by Professor Irfan Jeeva, Consultant Ophthalmologist and Expert Witness Expert witnesses are usually urged to read CPR 35, FPR 25 and CrimPR 19. Far fewer are encouraged to look closely at employment and contract cases that deal with unilateral variation, repudiatory breach, and the right of the innocent party to “stand and sue”. The Employment Tribunal reconsideration judgment in Ghada Al-Naimi v Buildmaster Construction Services Ltd  (Case No 2300236/2023, reason

An expert witness presents evidence in a courtroom, where the judge attentively listens from the bench. Commentary by Professor Irfan Jeeva, Consultant Ophthalmologist and Expert Witness The recent High Court decision in Ellis & Ors v John Benson Ltd  [2025] EWHC 2096 (KB) provides an important reminder that witness behaviour is never incidental. It forms part of the evidential landscape that judges evaluate when assessing credibility, reliability, and ultimately the likeliho

The judgment in Tosh v Gupta is a stark reminder of what happens when an expert steps outside CPR 35 and forgets that the overriding duty is to the court, not to the instructing party.

Eye Bleed and NAI In Family Court proceedings, few moments are as important as identifying when the clinical evidence does not align with the history provided. In cases of suspected abusive head trauma, the ophthalmologist is often the first specialist to recognise this gap. This brief insight explains why ophthalmic evidence is crucial under the Family Procedure Rules Part 25 and how it can guide the court when the reported mechanism appears inconsistent. 1. Retinal Findings

Retinal bleeding detected by the ophthalmologist can transform a case in legal matters