Risalat al-huquq Journal

This research examines the role of expertise in proving medical error, as it is a practical means of proof. Sometimes, a judge seeks the assistance of an expert in a case requiring knowledge of a scientific issue to be decided. Other times, the law requires the judge to seek the assistance of an expert, or the Court of Cassation imposes in its judicial precedents the assistance of an expert to decide certain cases, based on its authority over all courts, The court has broad powers to consider the expert report as a basis for judgment or not. The court can reject the expert report entirely, or assign the expert who expressed his opinion after discussion to complete the deficiency or shortcoming in his report, or assign another expert to this task, or refute what was stated in the expert report on the grounds of the lack of legal basis, or that the case has been previously decided, or by agreement between the parties, provided that this agreement does not violate Sharia law and the law.
In order to present the study in a way that achieves its objective, we divided this study into two sections. The first was devoted to the concept of judicial expertise, by explaining its definition, characteristics, and legal nature. The second was devoted to the validity of the medical expertise report, by examining the degree of objectivity of the medical expertise report in light of the obstacles present in practical reality. Then we explained the judge’s authority to consider the expertise report and discuss it.