Paediatric Ophthalmologist Expert Witness – Overview for Solicitors

A paediatric ophthalmologist specialises in children’s eye conditions and vision. As an expert witness, their role is to assist the court or tribunal by providing independent, specialist opinions on ocular findings, injuries, and their implications. Instructing through the Expert Witness Gateway ensures secure communications, compliant report formats, and timely delivery in line with court rules.

Family Court

Relevance:
In Family Court, paediatric ophthalmologists are often instructed in safeguarding cases, particularly where non-accidental injury is suspected. Retinal haemorrhages, optic nerve damage, or other eye findings may indicate abusive head trauma. The expert can distinguish between trauma-related patterns and medical or accidental causes, aiding the court’s welfare decision.

Cases:

• Suspected abuse (e.g. shaken baby syndrome)
• Disputes over treatment for visual impairment
• Assessing the impact of eye conditions on care planning

Procedural Rules:
Governed by FPR Part 25, requiring court permission and adherence to Practice Directions (e.g. 25B). Reports must include a statement of truth and a declaration of the expert’s overriding duty to the court.

Civil Court

Relevance:
In personal injury and clinical negligence cases, these experts clarify diagnosis, causation, and prognosis where a child’s vision is affected.

Cases:

• Trauma causing vision loss
• Delayed diagnosis or mismanagement of paediatric eye disease
• Product or public liability injuries

Procedural Rules:
Under CPR Part 35, experts owe their primary duty to the court. Reports must meet CPR format requirements and may be from single joint experts or party-appointed experts.

Criminal Court

Relevance:
In criminal cases, especially involving alleged child abuse, a paediatric ophthalmologist can interpret ocular evidence, supporting or challenging allegations.

Cases:

• Abusive head trauma investigations
• Serious assaults causing eye injury
• Assessing vision in eyewitness reliability

Procedural Rules:
CrimPR Part 19 governs expert evidence, requiring objectivity, disclosure of limitations, and clarity for lay audiences. Experts may be called by prosecution or defence.

Tribunals

Relevance:
Often involved in SEND tribunals or disability benefit appeals, providing insight into visual impairments and their educational or daily-living impact.

Cases:

• Education provision disputes for visually impaired children
• Appeals on disability benefit entitlement

Procedural Approach:
Tribunals have flexible rules but expect impartial, relevant, and accessible evidence.

Coroner’s Court

Relevance:
At inquests into child deaths, ophthalmologists may explain post-mortem ocular findings, particularly where abuse is suspected or a rare eye condition contributed to death.

Cases:

• Shaken baby syndrome deaths
• Sudden unexpected infant deaths involving ocular findings

Procedural Approach:
Evidence is factual and impartial, aimed at assisting the coroner’s fact-finding role.

Using the Expert Witness Gateway

The Gateway streamlines expert instruction:

• Secure uploads create a timestamped record of all evidence.
• Deadline tracking supports compliance with court timetables.
• Experts confirm understanding of relevant procedural rules (FPR 25, CPR 35, CrimPR 19).
• All communications are logged; financial arrangements are transparent, with funds held in trust where required.

Conclusion:
A paediatric ophthalmologist expert witness brings vital clarity to complex medical evidence in child-related legal matters. Using the Expert Witness Gateway ensures that solicitors engage experts who meet procedural, ethical, and professional standards, with secure, efficient case management across all UK court and tribunal types.