The Role of a Medicolegal Expert Witness in Ophthalmology
- ijeeva
- Jun 11
- 2 min read
What is a Medicolegal Expert Witness?
A medicolegal expert witness is a medical professional with specialist knowledge who is instructed to provide an independent opinion for the court on matters within their expertise. In clinical negligence or personal injury cases, their role is not to advocate for either side but to assist the court in understanding complex clinical evidence and determining whether the standard of care was met.
In the context of ophthalmology, expert evidence is frequently sought in claims involving:
Delayed diagnosis (e.g., retinal detachment, glaucoma)
Surgical complications (e.g., cataract, LASIK, oculoplastics)
Visual impairment arising from trauma or systemic disease
Allegations of substandard consent or documentation
The Legal Framework: CPR Part 35 Compliance
Expert witnesses in the UK operate under the Civil Procedure Rules Part 35, which mandates that the expert’s overriding duty is to the court, not to the instructing party. The expert must provide a reasoned opinion that is:
Independent and impartial
Based on current clinical guidelines and peer-reviewed literature
Transparent about limitations or uncertainties in the evidence
At Medico Legal Chambers, all reports adhere strictly to CPR Part 35 and incorporate the Model Terms of Engagement recommended by The Academy of Experts.
The Process of Expert Instruction
When instructing an expert witness in ophthalmology, solicitors typically follow a structured process:
Initial Enquiry & CV Review – Ensuring scope of expertise aligns with the case
Letter of Instruction – Setting out the facts, issues, and questions to be addressed
Disclosure Review – Expert reviews medical records, correspondence, and relevant imaging
Report Preparation – Including breach of duty, causation, condition & prognosis as appropriate
Joint Statement & Oral Evidence – Where necessary, in cases proceeding to court
Clear timelines, transparent fee schedules, and ongoing communication are vital throughout this process. At Medico Legal Chambers, our Terms of Business set out these expectations at the outset of every instruction.
Common Pitfalls in Ophthalmic Litigation
From over 20 years of clinical and medicolegal experience, common areas of ophthalmic litigation include:
Missed diagnosis of retinal detachment or endophthalmitis
Intraoperative complications in cataract surgery
Laser eye surgery consent failures
Failure to refer or escalate urgent cases
Inadequate documentation of follow-up care
Each of these scenarios demands expert scrutiny to distinguish between an unfortunate outcome and a breach of duty.
Why Choose Medico Legal Chambers?
Medico Legal Chambers is led by Dr Irfan Jeeva, a Consultant Ophthalmologist with NHS and private practice experience, and formal training in expert witness work through Bond Solon and Harvard Medical School.
Our chamber delivers:
Rapid case screening opinions
CPR Part 35-compliant reports
Court-ready breach, causation, and prognosis analyses
Joint expert statements and oral evidence
We accept instructions from both claimant and defendant solicitors, ensuring full impartiality and clarity of reasoning.
Final Thoughts
An effective medicolegal expert witness does more than explain the medical facts—they contextualise clinical events within legal frameworks, help judges and juries understand what ought to have happened, and ensure justice is informed by science.
Whether you’re a solicitor seeking guidance on an ophthalmology case, or a clinician navigating legal proceedings, Medico Legal Chambers is here to assist with clarity, integrity, and professionalism.
Contact Us:
📞 07958 213893
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