The Ophthalmologist’s Role in Clinical Negligence Cases: What Solicitors Like to Know

Clinical negligence litigation involving ophthalmology requires expert interpretation of clinical pathways, diagnostic reasoning, and surgical decision making. Ophthalmology is a highly specialised field and the nuances of visual outcomes, disease progression, and time-critical presentations often determine the legal position. This Insight article outlines the central role of the ophthalmic expert witness and the specific issues that solicitors need to understand when preparing or defending ophthalmic cases.

1. Defining the Ophthalmologist’s Role in Litigation

An ophthalmic expert witness provides independent opinion evidence to assist the Court in determining whether the standard of care was met, whether any breach of duty occurred, and whether this breach was causative of the alleged harm. The expert is not an advocate for either party. The duty is strictly to the Court, in accordance with CPR Part 35.

Key responsibilities include:

• Reviewing the full chronology of care

• Analysing whether actions met the standard of a reasonably competent ophthalmologist

• Distinguishing recognised complications from negligent practice

• Providing balanced opinions on causation on the balance of probabilities

• Assisting the Court in understanding complex ophthalmic terminology and decision making

Ophthalmology often involves rapid changes in clinical status. Expert interpretation helps the Court understand what would or should have been done at the material time.

2. Where Ophthalmology Claims Commonly Arise

Solicitors frequently encounter claims involving:

Cataract surgery

Incorrect intraocular lens selection, inadequate consent, post-operative complications, or delayed recognition of infection.

Retinal detachment

Delayed diagnosis, failure to refer urgently, or inappropriate triage in primary or emergency care.

Glaucoma

Failure to detect optic nerve damage, delayed intervention, or insufficient monitoring.

Paediatric ophthalmology

Missed amblyopia, delayed identification of strabismus, or failure to diagnose retinopathy of prematurity.

Trauma

Chemical injuries, orbital fractures, corneal abrasions, and post-traumatic visual dysfunction.

Each area requires specialist interpretation of clinical records to determine both breach and causation.

3. Understanding Breach of Duty in Ophthalmology

A breach occurs when the care provided falls below the standard expected of a reasonably competent ophthalmologist practicing in that field. Expert analysis considers:

• Whether the presenting symptoms mandated urgent assessment

• Whether referral thresholds were met

• Whether diagnostics were performed within clinically acceptable timeframes

• Whether recognised guidelines were applied

• Whether risks were explained through proper consent processes

In ophthalmology, time sensitivity is critical. Delays of even a few hours can materially alter visual prognosis in conditions such as retinal detachment or acute angle closure glaucoma.

4. The Importance of Causation in Ophthalmic Claims

In many negligence claims, the central issue is not breach but causation.

The expert must determine:

1. Whether the alleged breach made a difference to the outcome.

2. Whether earlier or alternative treatment, on the balance of probabilities, would have avoided or reduced harm.

3. The expected natural progression of the underlying disease.

For example, a delayed diagnosis of retinal detachment may not be causative if the detachment was already macula-off at presentation and visual outcomes would not have changed. Conversely, if earlier intervention would probably have preserved useful macular function, causation is established.

5. The Value of a Precise Chronology

A clear and detailed chronology is essential for both breach and causation analysis.

Ophthalmic conditions progress in patterns that can be predicted with specialist knowledge. A well-constructed chronology enables the expert to align clinical findings with expected disease behaviour and helps the Court understand what should reasonably have occurred.

Timings of symptom onset, referral decisions, imaging, and intervention are crucial.

6. Consent and Montgomery in Ophthalmology

Consent is a frequent source of litigation, especially in cataract and refractive surgery.

The Montgomery standard requires that patients are informed of:

• Material risks relevant to their individual circumstances

• Reasonable alternative treatment options

• Limitations in refractive predictability

• The implications for visual function, work, and daily activities

The expert witness assesses whether consent discussions and documentation were adequate and whether a reasonable patient in that situation would have considered the risks material.

7. What Solicitors Should Provide for a High-Quality Report

To ensure a CPR Part 35 compliant, robust expert opinion, solicitors should provide:

• All relevant clinical records with dates clearly visible

• Primary care, optometry, emergency, hospital, and imaging records

• Statements of case and witness statements

• Operative notes where applicable

• Any available imaging including OCT, visual fields, and photographs

• Referral letters and triage notes

• A clear list of questions for the expert to address

The completeness of the record set directly affects the quality and clarity of the expert opinion.

8. The Expert’s Independence

The Court relies on the expert to provide impartial, evidence-based, and well-reasoned conclusions. Independence is the cornerstone of expert witness practice. An expert must:

• Avoid advocacy

• Avoid assuming disputed facts

• Consider the full range of reasonable expert opinion

• Clearly explain when opinions are qualified

• Make clear what is within personal expertise and what is not

Solicitors benefit greatly from instructing experts who follow transparent methodology and articulate reasoning aligned with British legal standards.

Conclusion

Ophthalmic expert evidence is central to the fair resolution of clinical negligence cases involving vision, eye health, and surgical outcomes. The expert assists the Court by explaining clinical decision making, assessing whether the standard of care was met, evaluating causation, and offering clear, balanced reasoning.

When instructed with full documentation and clear questions, an ophthalmic expert can provide opinions that give solicitors confidence, assist the Court, and ensure that the litigation process is conducted with clarity and fairness.