Retinal haemorrhages in inflicted brain injury: the ophthalmologist in court - comment.

摘要

Vincent and Kelly's review appears to confuse two very different roles of the 'ophthalmologist in court', that of expert versus fact witness. Although it is true that as an examining physician you may be required to clarify your findings for the court, you have no obligation to opine on the cause of your findings. Counsel may ask you to do so, and answers such as 'I don't know' or 'that is beyond my area of expertise' are appropriate. If you wish to present yourself as having additional knowledge in an area, the rules regarding 'expert' witnesses apply. Vincent mentions only that under the 'Code of Conduct', an expert 'has 'an overriding duty to assist the Court impartially on relevant matters within the expert's area of expertise', and 'an expert witness is not an advocate for the party who engages the witness'.