Ophthalmology Expert Witness: Frequently Asked Questions

An ophthalmology expert witness reviews medical records, imaging, and case materials involving the eye and visual system, forms independent opinions on questions such as standard of care, causation, and visual impairment, and communicates those opinions in written reports and testimony. The work spans medical malpractice, personal injury, workers' compensation, disability, and product liability matters.

Both. Dr. Shomer accepts engagements from plaintiff and defense counsel alike, and the analysis is the same regardless of who retains him: the records and objective testing determine the opinion. Experts whose opinions do not vary with the retaining party tend to hold up better under cross-examination.

A conflict check screens the parties, treating providers, facilities, and opposing counsel against the expert's prior engagements and treatment relationships before any substantive case discussion. It comes first because a conflict discovered after records have been shared can disqualify the expert and compromise the work already done.

Opinions are built from the complete medical record, native-format diagnostic imaging, the scientific literature, and — where an examination is performed — direct clinical findings. Each opinion is reasoned from evidence to conclusion, considers alternative explanations, and is held to a reasonable degree of medical probability. Opinions that cannot be supported are not offered.

Dr. Shomer provides deposition and courtroom testimony in addition to written reports, and has done so for more than 13 years. Whether testimony is anticipated should be stated in the engagement, since testifying and consulting roles carry different disclosure consequences. See deposition and trial testimony.

Record and imaging review is performed remotely for matters nationwide, and many questions — standard of care, record-based causation, imaging interpretation — can be fully addressed that way. In-person examinations, when needed, are available nationwide by arrangement. See nationwide record review.

A review can begin as soon as the conflict check clears and records are received; the conflict check itself typically requires only party and provider names. Overall turnaround depends on record volume and whether imaging must be obtained in native format, so early engagement gives the most scheduling flexibility ahead of disclosure deadlines.

The eye is unusually measurable. Objective tests — optical coherence tomography (OCT), fundus photography, automated visual fields, and electrophysiology — document structure and function in ways few other organ systems allow. This means ophthalmic claims can often be verified or contradicted with objective data rather than resting on symptom reports alone.

A fee schedule is provided on request together with the proposed engagement terms, before any commitment is made. Fees are not contingent on the outcome of the matter, which preserves the independence of the opinions.

A consulting expert advises counsel confidentially and is generally not disclosed to the other side; the work is typically protected from discovery. A testifying expert is disclosed, produces discoverable reports, and gives sworn testimony. The same physician can serve either role, but the role should be fixed at engagement.

Yes. Dr. Shomer has maintained a comprehensive ophthalmology practice in Upland, California since 2010, alongside medical-legal work spanning more than 13 years. Active clinical practice matters in expert work because standard-of-care opinions carry more weight when they come from a physician who currently does what the case is about.

Board certification by the American Board of Ophthalmology, active clinical practice, academic appointment, and experience producing reports and testimony that survive scrutiny. Dr. Shomer is board-certified (2011, recertified 2021), holds MD and PhD degrees from UCLA, trained at the Jules Stein Eye Institute, serves as Adjunct Associate Professor of Ophthalmology at the Keck School of Medicine of USC, and is an active California Qualified Medical Evaluator.