160 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions CONCLUSION Against damages resulting from malpractice in medicine, known as malpractice in practice; The Physician’s Compulsory Liability Insurance for Medical Malpractice (Compulsory Liability Insurance for Medical Malpractice) has been regulated as compulsory insurance in order to cover the responsibilities of all physicians, dentists, and those who are specialists in accordance with the legislation on specialization in medicine. The purpose of physician compulsory liability insurance is to relieve physicians of the financial burden they may be exposed to due to legal liability. Thanks to this insurance, those who have suffered damage have the opportunity to apply to an institution that has a strong financial power to cover the compensation receivables for the physician who harmed them. Physician’s professional liability insurance is a contract that imposes obligations on both parties (synallagmatic). The insured’s debt is to pay premiums, and the insurer’s debt is to compensate the insured’s loss when the risk occurs. Damages arising as a result of an event that occurred during the contract period with IGC and indemnified within the contract period or after the contract in accordance with the liability provisions, claims that may arise against the insured only during the contract period due to an event that occurred before the conclusion of the contract or while the contract was in force, and this loss or damage, while the litigation expenses related to the claim are counted within the scope of the insurance, the indemnity claims arising from the activities of the insured outside of the professional activity covered by the policy and the limits of which are determined by the rules of law or ethical rules, compensation claims of the insured arising from the activities of the insured the Health Professionals Individual Risks Insurance Policy cannot be mentioned either. Therefore, it was not correct that the insurance company decided to pay pecuniary and non-pecuniary damages for the reasons stated in the decision. Since the objection of the defendant’s insurance company on this matter was valid, it was necessary to abolish the decision of the Arbitration Committee for Disputes on 14.04.2017 and to reject the application with its acceptance. For the reasons explained: With the acceptance of the objection: Annulment of the Dispute Arbitration Committee’s decision dated 05.09.2016 and numbered 2016/16881 Basis, 2016/ 25537, rejection of the application, 30/12 of the Insurance Law No. 5684. In accordance with the article, it was decided unanimously with the possibility of appeal as of the case amount insurances. Journal of Insurance Arbitration Decision, I. 30, 2017 April-June, I. 30, 2017 April-June, p. 68-75, (Erişim Tarihi: 22.08.2019).
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