TBB Dergisi 2022 İngilizce Özel Sayı

150 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions 03.12.2014 and numbered 2014/1117-2014/613 was appealed in the case heard between the parties. The plaintiff’s attorney stated that his client is a general practitioner and he is with the defendant company, that a lawsuit was filed against him for causing the death of a patient who was treated in the hospital where he worked between 18/04/2010 - 19/04/2010 and it was decided to be acquitted by him as his attorney in this case. The defense was made and a 7.000 TL attorney’s fee was collected, the said fee was not paid by the defendant despite the request from the defendant, whereas the attorney’s fee does not constitute a fine or penal clause, which is considered an exception in the policy, although it is not explicitly stated in the policy that the attorney’s fee will be paid, as an exception. Since it is not counted in the policy, the payment should be made by accepting that it is covered by the policy, in fact, this issue is also accepted by the defendant, because it is clearly and unconditionally stated on the official website that the attorney fees are covered by insurance, and in the information form, the coverage of litigation expenses and court costs is covered. Claiming that it was clearly regulated that he was in his possession, he demanded and sued the collection of 7,000.00 TL from the defendant. The attorney of the defendant states that the claim of the plaintiff is the guarantee of the Legal Protection Insurance, that there is no such coverage in the policy subject to the lawsuit, that the scope of the insurance is stated in the policy, that if a lawsuit is filed against the plaintiff with a claim for compensation and it is accepted, the court costs related to this claim can be paid to the plaintiff, however, in such a situation. Arguing that the claim was not covered by the policy and requested the dismissal of the case. According to the court, the insurance policy subject to the lawsuit protects the damages caused by third parties due to medical malpractices related to the plaintiff’s duty, and only the damages inflicted by the plaintiff to the third parties are covered, and the attorney’s fee paid by the plaintiff himself and to his lawyer, who acts as his representative, is not covered by the insurance on the grounds, the case was dismissed. The plaintiff’s attorney appealed the decision. According to the information and documents in the case file, and the fact that there is no procedural and unlawful aspect in the discussion and evaluation of the evidence-based on the justification of the court decision, all appeals of the plaintiff’s attorney are not appropriate. For

RkJQdWJsaXNoZXIy MTQ3OTE1