151 Union of Turkish Bar Associations Review 2022 Hacı KARA the reasons explained, it was unanimously decided to reject all appeals of the plaintiff’s attorney and to uphold the judgment found in accordance with the procedure and the law.73 According to the 28.05.2019 T., 2017/125 E. and 2019/358 K. of the Istanbul 7th Commercial Court of First Instance: The lawsuit filed is a lawsuit for pecuniary and non-pecuniary damages. The nature of the liability policy of the insurance policy, in which a compulsory physician professional liability insurance policy with a term of 20.02.2016-2017 was issued in the name of Dr..., who was notified by the defendant, that the birth event that took place on 13.06.2012 is covered by the policy provisions. Therefore, the issue that needs to be examined first is whether the reported Dr ..., who is alleged to have caused the damage has an effective action in the formation of the damage, whether there is a professional error; that is whether there is a physician defect, negligence, or mistake as an obstetrician. Accordingly, in the root and additional reports obtained from the expert committee selected in the field, the pregnancy process, the birth, and postpartum period were examined in detail, clearly, concretely and open to inspection. Since the doctor intervened appropriately and in a timely manner when dystocia occurred, in short, there was no physician’s fault or negligence in the formation of the damage, therefore, the defendant insurance company was not responsible according to the liability insurance policy, and this issue was concretely determined, and the pediatric neurologist was included in the expert committee due to the shoulder dystocia in the child. It is not necessary to get a report because the primary issue to be examined is whether the professional error of the doctor caused the damage or not, and this has been clearly and clearly determined with the expert report74, since the defendant’s insurance company is not res73 www.kazanci.com, (Date of Access: 25.08.2019). 74 In the Eexpert Report dated 11.12.2017, submitted by the expert committee to the file, it is stated that “In the event, which is based on the claim for compensation by the plaintiffs, Açıkalın, the Plaintiff... , that the doctor had appropriate and timely intervention at the time of shoulder dystocia, the insured physician who delivered the baby applied the current medical interventions in place and on time, no careless and inadequate intervention was made, and it was considered flawless, by the defendant insurance company regarding Dr. ... 20.02.2016-2017 Term..., Compulsory Physician Professional Liability Insurance Policy with no.... is issued, the liability of the insurance company in accordance with the policy is dependent on the precondition of the responsibility of the insured physician, the
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