152 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions ponsible within the scope of the liability policy, it was understood that it was necessary to reject the lawsuit, and it was decided to reject the lawsuit within 2 weeks, with the appeal legal remedy open.75 6. Retroactive Insurance In the case subject to the decision of Y 11. HD, 12.6.2017 T., 2016/4503 E. and 2017/3591 K., according to the decision of the 2nd Civil Court of First Instance, dated 20.10.2015 and numbered 2015/162-2015/772; in accordance with Article 1458 of the TCC, it is possible to take out insurance with retroactive effect, therefore the insurance policy subject to the lawsuit is valid, but in accordance with the same article; it was decided to reject the lawsuit on the grounds that it was prohibited and invalidated to conclude an insurance contract with retroactive effect due to the realized risk, that the plaintiff was aware that a compensation lawsuit was filed against him. Due to medical practice at the insurance policy issuance date and the case was dismissed on the grounds that the claimant could not claim a claim as such. Upon the appeal of the decision, the Court of Cassation, pursuant to Article B.1 of the General Conditions of Compulsory Liability Insurance Regarding Medical Malpractice, the risk will be deemed to have occurred when the insured learns that a claim for compensation has been made from him or the injured person applies directly to the insurer; accordingly, in the concrete dispute, it was understood that the plaintiff was aware of the risk with the lawsuit filed against him before insured physician Dr...., who gave birth in the event, does not have any defect or negligence that may cause damage, Therefore, the physician is responsible for the fault. It is also stated that the liability of the insurer will not arise from the side of the insurer. In the additional report dated 12.11.2018 taken from the expert committee for the evaluation of the objections of the plaintiff party, the answers to the questions requested by the plaintiff’s attorney to be answered in the petition of objection to the root report were given in the supplementary report. no risk factors were detected before and during the period of childbirth, the labor follow-up proceeds in accordance with the current scientific data, the doctor intervenes appropriately and in a timely manner when there is shoulder dystocia, the insured physician who delivered the baby applies the current medical interventions on time and in a timely manner, and there is no careless and inadequate intervention. It was reported that the opinion on the issue was preserved”. 75 http://emsal.uyap.gov.tr/BilgiBankasiIstemciWeb/, (Date of Access: 28.08.2019).
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