Defense Ophthalmology Expert Witness
Dr. Marc H. Shomer accepts carefully selected defense engagements for physicians, hospitals, insurers, and other defendants in matters involving ophthalmic care and claimed visual injury. Defense counsel receive the same independence plaintiff counsel do: a candid assessment of the record — including genuine problems, if they exist — and opinions anchored in objective evidence.
What defense counsel typically need
- Complication vs. negligence analysis. Most ophthalmic malpractice claims involve recognized complications. The defense-critical question is whether the record shows appropriate consent, recognition, and management — the framework detailed on the Standard-of-Care page.
- Causation testing. Claimed visual loss is measurable. Where a claim exceeds what objective testing supports — or attributes pre-existing disease to an incident — the discrepancy can be documented precisely. See Causation Expert and Evaluating Vision-Loss Claims.
- Independent examination. An ophthalmic IME with full diagnostic testing — best-corrected acuity, visual fields, OCT, dilated examination — frequently resolves what the paper record cannot.
- Damages scrutiny. Objective rating of impairment under recognized frameworks, and realistic assessment of claimed future care.
- Opposing-expert analysis. Review of the plaintiff expert's report for unsupported leaps, and assistance framing deposition examination on the ophthalmic issues.
The defense value of candor: if the record contains a genuine departure or a causation problem for the defense, counsel is told directly and early — that information is worth more before mediation than after an adverse verdict. Opinions actually offered are ones the evidence supports, which is what makes them effective in front of a jury.
Typical defense engagements
- Defense of ophthalmologists, optometrists, and facilities in malpractice claims involving cataract surgery, refractive surgery, retinal disease, and glaucoma
- Personal-injury defense where claimed visual loss requires objective verification
- Workers' compensation matters as QME or defense-oriented consultation within the rules of that system
- Insurance and coverage disputes turning on ophthalmic diagnosis or necessity of treatment
Engagement process
Conflict check first; then a screening review with candid oral assessment; then, as needed, full record review, examination, report, and testimony. Records are transferred only after conflict clearance and secure-transfer instructions.
Frequently Asked Questions
Does Dr. Shomer primarily work for the defense?
No. He accepts both plaintiff and defense matters and does not maintain an allegiance to either side. That documented balance is itself an asset to whichever party retains him, because opinions cannot be dismissed as those of a professional advocate.
Can he examine the plaintiff?
Yes, where the rules of the forum provide for a defense or independent examination. Examinations are conducted at a fully equipped ophthalmology office in Upland, California, or at an arranged location elsewhere; Dr. Shomer travels for examinations by arrangement.
What if the defense case has a real problem?
Counsel is told plainly, with the supporting reasoning, as early as the record makes it apparent. An accurate early assessment is more valuable to defense strategy — including settlement posture — than a favorable opinion that fails under cross-examination.
Educational information only. This page provides general information for attorneys and other medical-legal professionals. It is not medical or legal advice, does not address any particular case, and does not create a physician-patient, attorney-client, or expert-client relationship. Opinions in any matter are formed only after review of the specific records, examination findings, and applicable literature. Past engagements do not guarantee any result.
Board-certified ophthalmologist; Adjunct Associate Professor of Ophthalmology, Keck School of Medicine of USC; active California Qualified Medical Evaluator. Full biography · Curriculum vitae
Published August 2, 2026 · Last substantive review August 2, 2026 · Medical reviewer: Marc H. Shomer, MD, PhD, QME
Request a Conflict Check and Case Review
Submit the matter for conflict screening. Please do not send medical records or protected health information until conflicts are cleared and secure transfer instructions are provided.