122 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions aa) Risks Covered by Insurance With this insurance contract, physicians, dentists and those who are experts in accordance with the legislation on specialization in medicine: 1) Damages arising as a result of the event26 occurring during the contract period and claimed in accordance with the liability provisions, within the contract period or after the contract,27 2) Claims that may arise against the insured only during the contract period due to an event that occurred before the contract was made or while the contract was in force, 3) Litigation expenses related to this damage or claim, Coverage is provided up to the specified insurance limits.28 In other words, compulsory physician professional liability insurance covers all professional activities of the insured within the borders of the Republic of Turkey. In addition, special conditions may be agreed in the contract, not to the detriment of the policyholder and the insured.29 26 “The incident must be the cause of the damage. Liability must also occur due to this incident.” Ünan, TCC Annotation, p. 286. 27 “Damage is the deterioration of the property of the injured person, which is not the result of his will.” Ünan, TCC Annotation, p. 288. 28 It is 200 thousand TL for the first risk group, 400 thousand TL for the second risk group, 600 thousand TL for the third risk group, and 800 thousand TL for the fourth risk group. In any case, the amount of compensation to be paid under the contract cannot exceed 1.800.000 TL. 29 In this way, the following risks may be covered by the special conditions (clauses) to be included in the contract: 1) Claims for damages arising from genetic engineering practices, 2) Claims for damages arising from all kinds of experiments or researches, 3) Directly or indirectly occurring as a result of all kinds of blood bank activities. Claims for compensation, 4) Compensation claims arising from all medical interventions without diagnostic or therapeutic purpose and all kinds of aesthetic surgeries performed by plastic surgeons for beautification purposes, 5) Compensation arising from all kinds of health services that assist reproduction (infertility treatment) or prevent reproduction (sterile treatment). claims, 6) Claims for damages that may arise from the willful actions of those whose actions the insured is responsible for, 7) All kinds of damage that may be due to AIDS or its pathogens or hepatitis A, B or C, or caused by them, or caused by their contribution, and mental health problems arising as a result of theart. comfort 8) Human and animal organs, blood, cells, all kinds of excretions, derivatives, genes, biosynthesis and related products are tested, modified, obtained, acquired, prepared, processed, handled, distributed, stored, substituted. 9) Claims against the insured due to being a manager or operator in a health institution (Professional Liability Insurance General Conditions Vol. 10/III (23.05.2013 D. and 28658 I. OG) and Genel Şartlar art. Vol. 10).
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