120 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions Likewise, the private health institution that employs a physician will be freed from the financial burden of its responsibility arising from the physician’s actions. Because compulsory insurance covers not only the requests of those receiving treatment, but also the recourse requests of the public or private institution that employs the physician.19 2- Mandatory Physician Professional Liability Insurance Agreement Physician’s professional liability insurance is a contract that imposes obligations on both parties (sinallagmatic). The policyholder’s obligation is to pay premiums, and the insurer’s responsibility is to compensate the insured’s loss when the risk occurs. In professional liability insurance, the insurer undertakes to pay the justified claims of third parties claiming compensation and to eliminate the claims of unfair compensation.20 The insurance contract is signed on behalf of the insurer by the authorized person of the company or the agency21 that made the contract.22 3- Persons Who Will Have Compulsory Physician Professional Liability Insurance According to the law, all physicians who practice their profession in public or private health institutions or in their practice, dentists and those who are specialists (insured) according to the legislation on specialization in medicine23 are obliged to take out compulsory professional liability insurance. Other health workers or those who do not engage in professional activities despite having the titles listed in 19 Ünan, Mandatory Physician Insurance, p. 5. 20 Kemal Şenocak, Professional Liability Insurance, Turhan Bookstore, Ankara 2000, p. 141. 21 It is the agency that has the authority to make a contract on behalf of the insurer. 22 Rayegan Kender, Private Insurance Law in Turkey, Arıkan Publishing, 14. B., 2014, p. 142. 23 According to article 3/(r) of the “Regulation on Specialization Training in Medicine and Dentistry” published on 26.04.2014 D. and 28983 I. OG, Specialist: “The right to practice his art in that branch and the authorization to use the title of specialization by completing specialized training in one of the branches in the schedules. According to article 3/(s), Specialization education means “the education and training required to become a specialist in medicine or dentistry”.
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