148 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions was decided to reject the case on the grounds that the notice made by the administration to the claimant/insured did not include the claim for compensation in the General Conditions of Compulsory Liability Insurance Regarding Medical Malpractice, therefore the risk did not materialize. In the decision of the appeal arbitral tribunal; with the acceptance of the case, it was accepted that the defendant was responsible for the risk that occurred during the notification, the defense of withdrawal from the file was not appropriate since the explanations in the decision of the Aydın 2nd Administrative Court against the administration were sufficient, and the objection to the defect detection was important in terms of foreign relations. As of 2017, it was decided to collect it from the defendant together with its legal interest. Although the defendant’s attorney appealed in due time, it was sent to the Court of Cassation for an appeal review by the Istanbul Anatolian 10th Commercial Court of First Instance, where it was deposited for safekeeping. According to the Court of Cassation, pursuant to Article 61 of the TCO, if more than one person causes damage together or they are responsible for the same damage due to various reasons, the provisions regarding joint liability are applied to those responsible. According to Article 40/3 of the Constitution, the damage suffered by a person as a result of unfair actions by officials is also compensated by the State according to the law. The right of recourse to the responsible official of the state is reserved. At the same time, according to Article 129/5 of the Constitution, lawsuits for compensation arising from the faults committed by civil servants and other public officials while exercising their powers can only be brought against the administration, provided that they are recoursed; and in accordance with the forms and conditions set forth by the Law. In cases where the state jointly causes damage or is responsible for the damage due to various reasons, only the state can be prosecuted in accordance with the prevailing provision of the Constitution. If the administration is sentenced to pay compensation as a result of this lawsuit, in accordance with the last sentence of paragraph 1 of the 13th article of the Civil Servants Law No. 657, the administration has the right of recourse to the responsible person according to the general provisions. If the damage is based on the personal fault of more than one public official, the administration will only recourse to each public official at the rate of its own fault (B. Akyılmaz, The
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