TBB Dergisi 2022 İngilizce Özel Sayı

158 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions However, according to Article B.1 of the provision of the General Conditions of Compulsory Liability Insurance Regarding Medical Malpractice, the claim is deemed to have occurred as soon as the insured learns that a claim has been made to him regarding the subject of the insurance contract or the injured party directly applies to the insurer claims made based insurance is adopted. B. ARBITRAL AWARDS Since the damages subject to insurance contracts are generally concluded in accordance with the arbitrator’s decision in insurance arbitration, the dispute is not referred to by the Insurance Arbitration Commission Appeals Tribunal much. For this reason, the published decisions on the compulsory liability insurance of the physician are limited. 1. Insurance coverage In another decision given by the Insurance Arbitration Commission Appeal Arbitration Committee, Z.Ç. gave birth in Private Huzur Hospital on 06.02.2010 and gave birth to a baby named A.C. ZÇ claimed that they had made an agreement with the hospital employee Dr. G.B. that he should be present at the birth before the birth, and that a faulty intervention was made during the birth, thus causing at least 32.3% of the applicant’s A.C., who was not born, to be disabled; applied to the Insurance Arbitration Commission with a request for the collection of pecuniary and non-pecuniary damages for the surgery and treatment expenses that were not paid by the insurance company. The application was partially accepted by the Insurance Arbitration Committee; this decision was appealed by the Insurance Company’s attorney. However, a lawsuit was filed against Dr. G.B. by the attorney of the plaintiff party with the file number 2010/10 E. of the Istanbul 15th Civil Court of First Instance. Since the report from the General Assembly of Forensic Medicine is expected during the court proceedings during the application to the Arbitration Committee, this situation is made a preliminary issue and since the report is of a nature that will affect the decision to be made by the Arbitration Committee, it is necessary to make a preliminary issue and wait for the report to be prepared, in accordance with Article 30/16 of the Insurance Law No. 5684 and with

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