California expert eye witness for eye surgery is an ophthalmologist who has completed a residency at an accredited institution. Ophthalmologists who are board-certified have passed a comprehensive written examination and a series of oral examinations administered by the American Board of Ophthalmology.
Board-certified ophthalmologists with extensive experience are normally well-qualified to address issues regarding standard of care for eye surgery. A well-qualified expert eye witness may also provide testimony regarding common and important ocular conditions including cornea injury, glaucoma, cataract, retina disease, and optic nerve dysfunction. Sometimes ophthalmologists address issues regarding vision and visibility. These issues are important when understanding accidents and questions of causation.
In most legal cases, the plaintiff cannot prove the merits of his case unless his arguments are supported by a qualified expert eye witness. An ophthalmologist can testify concerning issues of “standard of care” and “causation.”
Standard of care refers to what a reasonable and prudent ophthalmologist would have done under similar or identical circumstances. Causation refers to actions that probably led to or contributed to injuries and damages suffered. For causation to have meaning in a legal action, there must be a cause and effect relationship with quantifiable monetary damages that can be assessed. For example, if a person is exposed to a potential problem due to negligence, but doesn’t actually suffer injury or damages, than filing and prosecuting a legal action is usually not worthwhile.
Damages are divided into two categories: economic and non-economic. Economic damages include out-of-pocket expenses such as lost present and future earnings, medical bills, and expenses related to a negligent event. Economic damages are based on the monetary amount of these losses. On the other hand, non-economic damages are also known as “pain and suffering” damages. Monetary awards for pain and suffering are meant to compensate for physical disability or impairment, or impaired enjoyment resulting from negligence. Loss of comfort, love, and care fit into this category.
California law has limits that apply to non-economic damages. Currently, no matter how much pain and suffering was caused by negligence, the cap of an award for this category in California courts is $250,000. In California, this cap has been in existence since 1975. On the other hand, monetary losses under California law do not have any limits.
A board-certified eye expert witness for eye surgery can assess the need and prognosis for surgical intervention. Eye surgery can be an expensive undertaking and take an emotional toll. The success of eye surgery can depend on a variety of conditions including comorbidities, postoperative care, and complicating variables.
A qualified California expert eye witness for eye surgery should have the knowledge and experience to assess the merits of a case. When appropriate, convincing testimony from an expert eye witness is crucial for properly adjudicating legal issues for either the plaintiff or defendant.