Independent Ophthalmology Case Review
An independent case review is a confidential preliminary assessment of the ophthalmic merits of a potential or pending matter — the step before committing to a full expert engagement. Its purpose is candor: to tell counsel, early and inexpensively, whether the medical evidence plausibly supports the theory of the case and where its vulnerabilities lie.
When a screening review is the right first step
- Before filing, when counsel needs to know whether an ophthalmic malpractice theory has medical substance
- Before answering or during early evaluation on the defense side, to size the real exposure
- When an incoming referral involves vision claims counsel cannot independently assess
- Before mediation, when a realistic reading of the medical evidence informs valuation
- When an opposing expert report needs a specialist's critical read
What the review covers
Working from the core records counsel supplies, Dr. Shomer addresses the questions that determine whether a matter should proceed:
- Does the record contain evidence of a genuine departure from the standard of care, or a recognized complication properly managed?
- Is causation medically supportable — or will pre-existing disease, natural course, or objective testing undercut it?
- Are the claimed damages consistent with the objective findings?
- What records are missing that could change the answer?
The economics of candor. A screening review that ends a weak case, or reveals a strong defense early, is worth far more than its cost. Dr. Shomer's practice is to give the honest answer at the screening stage — including "this record does not support the theory" — precisely because that is when the answer is still cheap.
Work product
Screening findings are typically delivered orally, preserving counsel's flexibility under applicable discovery rules. If the matter proceeds, the engagement can expand to complete record review, a chronology, examination where appropriate, a written report, and testimony.
Confidentiality and independence
Review begins only after a conflict check. The assessment is independent — the same standards are applied whether the inquiry comes from plaintiff or defense — and preliminary review does not obligate either party to a further engagement.
Frequently Asked Questions
What does a screening review require?
Typically the core treating records and key diagnostics, with a short statement of the matter and the questions presented. A useful preliminary assessment can often be given from a focused record set, with explicit caveats about what remains unreviewed.
Is the screening opinion discoverable?
Discovery treatment of consulting-expert work varies by jurisdiction and posture; counsel governs how the engagement is structured. Screening findings are delivered orally unless counsel requests otherwise.
What if the review is unfavorable?
Counsel is told directly, with the medical reasoning. An unfavorable screening is a successful screening — it has done its job before significant resources were committed.
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.