In short
A physician, a dentist, and a specialist physician take out compulsory financial-liability insurance for harm that may arise from medical malpractice. The patient may claim directly from the insurer the part of the harm up to the insured sum. The cover is in the policy. This text does not put an amount or a limit. The insurance does not stand in for the examination of fault, or for the full-remedy route against the administration.
A sentence without a policy does not of itself produce cover. A nurse and a technician are not counted as the insured of this obligation. The choice of opponent, and the names of the items, are not a copy of this record.
Who is insured, and who pays the premium
Additional article 12 of Law No. 1219 brings an insurance obligation for physicians, dentists, and specialists working in a public institution. In an institution that has a revolving fund, the premium is shared half and half between the physician and the revolving fund. Where there is no revolving fund, it is shared with the institution's budget. The sharing does not carry the cover amount in the policy into this text.
The same professional group also takes out insurance in a private institution or when working independently. For a person working in a private institution, the relevant institution takes out the premium. Half is paid by the physician, and half by the employer. The employer's share cannot be deducted from the physician's wage. A person working independently pays the premium himself. The half that cannot be deducted is not written on the wage payroll as a cover figure. A deduction that appears on the payroll does not show the limit of the policy.
A nurse, a midwife, or a technician is not counted as the insured of this article. Their act may go to the hospital's organisational liability. If the institution has a policy, that policy is read separately. If it does not, the physician's policy is not treated as having covered the whole staff of the institution of itself.
What the cover includes, and what it does not write
The general conditions discuss, within the limit the policy writes, harm given during the professional activity in the policy and claims made during the contract period. A retrospective period, a gap in which one was uninsured, and a notification that continues after leaving the profession, are separate in the schedule. This text does not have those periods memorised. The policy date is read. If there is no date, a notification window is not invented.
The cover may include the pecuniary and non-pecuniary items and the costs of the proceeding to the extent the policy writes. An item the policy does not write is not assumed to be inside the cover. Intention is among the situations outside cover in the general conditions. Not every debated complication is intention. If there is a deductible line, that line is read. While there is no line, a deductible amount is not completed.
The patient's direct application
Article 1478 of the Turkish Commercial Code allows the person who suffered harm to claim directly from the insurer the part up to the insured sum. Obtaining a judgment against the physician first is not a condition. The insurer may use the defences of the risk, the deductible, and the sum. The application is made with the policy number, the date of the event, and an account of the harm. The insurer's inquiry does not stand in for the court's examination of fault.
The list of opponents sits under against whom it is filed. The names of the items sit under heads of compensation. The private operator sits under a medical error in a private hospital, the public route under a public hospital, and the measure of fault under medical malpractice. This record separates to whom, and within what limit, the policy operates.
The contract and the record
The document that is read is the policy, the additional schedule, and the premium receipt. The contract should show the insured's name and the period. The contract does not carry the cover amount into this text. An invoice or a premium receipt may show that the payment was made. An invoice is not itself the limit. The application must carry the date of the event and an account of the harm. The application does not of itself make the sum final. A decision is not treated as having held the insurer liable for the whole harm without separating the part inside cover and the part that exceeds cover. Service keeps the date of the writing that went to the insurer. If the petition does not write the policy number, it stays incomplete. The registry may show the physician's specialisation record. The registry does not produce the policy of that event. The minutes may be an internal hospital inquiry note. The minutes do not stand in for the policy limit.
Where the policy is read from
The policy, the additional schedule, and the premium record are read side by side. An amount and a limit are not written. The insurance is not put in the place of the examination of fault. The office in Çankaya does not change the competent authority.
A sentence of cover is not built while there is no policy number. In a public hospital the patient's opponent in a full-remedy action is the administration. The insurance does not change this opponent.
Conclusion
The compulsory insurance is for a physician, a dentist, and a specialist. The patient may go directly to the insurer up to the sum. The limit is in the policy. An Ankara lawyer does not build the cover amount outside the policy. The frame sits on the health law page. The basis is additional article 12 and article 1478, together with the policy record.