116 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions the other hand, come to the fore due to inadequate monitoring, wrong and/or inadequate treatment and disease follow-up, and delayed or incomplete drug treatment. In addition to these, errors related to the equipment used or related to the system also cause various medical malpractices. Medical malpractices can be analysed by dividing them into medication errors and surgical errors. Medication errors are the most common errors in inpatients and outpatients. Errors associated with the administration of drugs and most of them are preventable.6 Medical malpractice includes all of the conditions in a wide range from the delay of the recovery to the death of the patient, going beyond the normal course of the disease, as a result of the suggestions and/ or practices of the physician providing the services, the nurse and the health personnel such as the physiotherapist, psychologist or dietitian who are authorized to intervene in the patient's decision according to the relevant law.7 The basic criterion in terms of legal responsibility is the standard of an experienced specialist. In other words, the physician should be in a position to foresee any harm to the patient’s health, objectively according to the normal development of events and subjectively according to his personal experience, personal skills, personal professional knowledge, quality, and degree of education. In other words, the physician has to comply with the duty of care while performing his profession. For example; Wound infection is a complication of an operation, but if antibiotics are necessary to prevent infection and the physician does not prescribe it, it turns into malpractice based on lack of care. On the other hand, if the patient develops a pulmonary embolism after a simple operation despite all precautions being taken, and therefore the patient is lost, this event is not considered malpractice.8 In this study, the physician’s compulsory liability insurance will be examined in the light of the Supreme Court and Insurance Arbitration Appeal Board Decisions. 6 Özer et al, p. 395. 7 Gürol Cantürk, “Tıbbi Malpraktis ve Tıbbi Bilirkişilik”, Uluslararası Sağlık Hukuku Sempozyumu, 16-17 Ekim 2014, p. 303, http://tbbyayinlari.barobirlik. org.tr/TBB Books/536.pdf (Erişim Tarihi: 20.09.2017). 8 Yılmaz Yördem, “Overview of Judicial Decisions on Liability for Malpractice in Physician Professional Liability Insurance”, Journal of Institute of Economic Deandlopment and Social Researches, 2018 Vol. 4, Issue 12, pp. 540, http:// iksadjournal.org/Makaleler/1857965187_1.%204_12_ID78.%20 Y%c3%b6rdem_539-546.pdf, (Date of Access: 16.08.2019).
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