146 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions According to the Court of Cassation, the basis of the case is the attorneyship contract, in accordance with articles 386, and the following, which regulate the power of attorney, of the Code of Obligations. It is based on the breach of the duty of care. Although the attorney is not responsible for the failure to achieve the result towards which he or she is working while performing the duty of attorney. He is responsible for the damages arising from the lack of diligence in the transactions, actions, and behaviors of his or her efforts to achieve this result. The responsibility of the agent generally depends on the rules regarding the responsibility of the worker. He has to act diligently like a substitute worker and is responsible for even the slightest fault (BK. art. 321/1). Therefore, all the faults of the doctor within his professional field, even if it is slight, should be accepted as an element of responsibility. In order for the patient not to be harmed, the doctor has to fulfill all the professional requirements, determine the patient’s medical condition on time and without delay, take the precautions required by the concrete situation, and determine and apply the appropriate treatment without delay. Even at the minimum level, he is obliged to carry out research to remove this hesitation and to take protective measures in the meantime, in cases that cause hesitation. While making a choice between various treatment methods, the characteristics of the patient and the disease should be considered, attitudes and behaviors that would put him at risk should be avoided, and the safest way should be chosen. Indeed, the client (patient) has the right to expect the surrogate, who is a professional doctor, to show meticulous care and attention at all stages of the treatment. The attorney, who does not show due diligence, is 394/1 of the BK. In accordance with the provision of the article, the power of attorney must be deemed not to have been duly performed. The doctor should not be held responsible if the result has not changed even though the requirements and rules of medicine are followed. Considering these explanations, it is not enough for the patient to simply consent to the surgery. In addition, the complications must also be explained, that is, this consent must be informed consent. As a matter of fact, a regulation was made in Article 26 of the Physician Ethics Rules and states that “The physician should consider the patient’s health status and diagnosis, the type of treatment method proposed, the chance of success and duration, the risks of the treatment method for the patient’s health,
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