139 Union of Turkish Bar Associations Review 2022 Hacı KARA point of view of the basic principles of Responsibility Law; the fact that such a regulation is included in the legislation is an important guarantee for the loss of the injured party. In the case that is the subject of the case; the defendant, who works as a doctor in the defendant ministry and is a public officer, applied wrong diagnosis and treatment, did not have the decisive tests for the detection of Down syndrome or did not inform the family according to the results of the test, therefore, due to the life-long disability of the child, the loss of work days and severe disability. It is claimed that he inflicted damage on the claimant during his duty and due to his duty, by causing him to be constantly in need of a caregiver. 129/5 of the Constitution Article 13/1 of the Civil Servants Law No. 657 pursuant to article; claims for damages arising from the faulty actions of public officials while exercising their powers may be brought against the administration or against the compulsory physician professional liability insurance, provided that they are recoursed and in accordance with the conditions set forth in the law. The case, on the other hand, is the non-litigation of the treating physician, Dr. It was filed against the defendant Y insurance, who has compulsory physician professional liability insurance of this doctor with the claim that he is X, and as a result of the investigation made by the court, the treatment was given to Gynecology and Obstetrics Specialist Op. It was determined that Dr. X applied it, and it was determined that this doctor was not insured with the defendant’s insurance with the compulsory physician professional liability insurance, and was insured with Anadolu Sigorta out of action.62 The lawsuit must be filed against the insurance company that last signed the insurance contract. In cases where the insurer changes, the insured must notify the new insurer of the events that occurred during the old insurance (and have not yet been the subject of a claim). If the insurance company is changed after the indemnity request is submitted, and a contract is made with another insurer, the new insurance company must be informed about the events that occurred in the previous contract periods. In other words, the new insurance company must have made a contract knowing the past claims, otherwise the case will be dismissed due to the absence of passive hostility. 62 http://emsal.uyap.gov.tr/BilgiBankasiIstemciWeb/, (Date of Access: 28.08.2019).
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