Judicial principles and studies
Insistence on Prior Decision, Dual Expert Reports, and Determination of Disability Percentage
A brief summary noting that an appellate court may reiterate its prior ruling without re‑examining the grounds, that conducting two separate expert reports is unjustified, and that the disability percentage must be fixed before compensation is calculated.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The study addresses procedural rules in medical claims and appeals: how an appellate court may adhere to its prior decision, the necessity of conducting two separate expert reports, and the proper timing for calculating compensation tied to determining the disability percentage.
Summary
- When an appellate court insists on its earlier decision, it need not re‑open discussion of the appeal grounds and may confine itself to reaffirming the reasons stated in the earlier judgment, without reproach, taking into account Article 158/1 of the Civil Procedure Code. - Ordering two separate expert reports — one to establish medical negligence and another to assess compensation — is unnecessary and risks prolonging litigation. - Compensation must not be assessed before the disability percentage is determined; distinguishing partial from total disability requires presenting the claimant to medical committees under Article 7/A/3 of the Medical Reports and Committees Regulation No. 13 of 2014. - The court should require the plaintiff to produce any medical report listed among their evidence if not yet filed, request translation of evidence submitted in English, then commission a subsequent expert report to determine negligence and to calculate compensation by multiplying the disability percentage by the claimant's actual or presumed annual income and then by the remaining productive life based on average lifespan. This content is an educational summary only, not a judicial text or legal advice.
Practical significance
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.