Compulsory Financial Liability Insurance for Medical Malpractice
Zorunlu Mali Sorumluluk Sigortası
Scope
The Compulsory Financial Liability Insurance for Medical Malpractice provides coverage within the limits specified in the policy against the claims made to the insured within the contract period due to the damages caused by the professional activity of physicians, dentists and specialists (Amended phrase RG-26/7/2014-29072) while performing their professional activity covered by the policy according to the medical speciality legislation working in free or public or private health institutions and organisations in the ten-year period prior to the contract date or within the contract period, the judicial expenses related to this claim, the interest to be ruled and the reasonable expenses related to the claim for compensation asserted against the insured. However, the beginning of the ten-year period cannot exceed 30 July 2009 and there is no insurance protection for notifications made during the insured period in connection with events occurring during periods of more than one month without insurance.
(Addition: OG-16/4/2016-29686) This insurance covers the expenses related to the lawyer undertaking the defence of the insured within the scope of Article B.3.4 of the General Terms and Conditions titled Assistance to the Insured.
(Addition: OG-26/7/2014-29072) This insurance contract covers the entire professional activity of the insured within the framework of Articles 9, 10 and 11 of the Tariff and Instruction for Compulsory Financial Liability Insurance for Medical Malpractice. Failure to specify or incomplete specification of the location of the professional activity in the policy does not affect the policy coverage.
(Addition: OG-26/7/2014-29072) In the application of these General Terms and Conditions, public health institutions and organisations include health institutions within the scope of administrations, institutions and organisations within the scope of the tables annexed to the Public Financial Management and Control Law No. 5018. A single policy covering all public health institutions and organisations shall be issued. In the event that the insured working within these institutions carries out his/her profession within the aforementioned institutions due to transfer appointment, temporary assignment and other reasons, no additional contract is issued or premium is requested.
(Addition: RG-26/7/2014-29072) This policy covers the activities of the insured working in public health institutions and organisations in the places and branches (Addition:RG-26/7/2014-29072) to which he/she is assigned within the framework of the relevant legislation, even if outside his/her own place of duty and branch, without additional contract or premium collection.
(Addition: RG-26/7/2014-29072) In addition, in the event that family physicians are assigned to provide emergency health services in accordance with the relevant legislation, the existing policy of the insured covers the aforementioned professional activities without additional contract or premium collection.
(Addition: OG-23.05.2020-31135) In addition, the activities of the insured who work in private health institutions and organisations and practice their profession as self-employed because of their assignment in public and private health institutions and organisations and affiliated, related or affiliated units of these institutions and organisations due to the pandemic within the framework of the relevant legislation, even if outside their own place of duty and branch, are included in the scope of the policy without the issuance of an additional contract or premium collection.
It is applicable for the professional activities performed within the borders of the Republic of Turkey.
Conditions Excluded from Coverage
(Amended: RG-26/7/2014-29072) The following conditions are excluded from the coverage:
a) Claims arising from the insured's activities outside the scope of the policy and outside the professional activities of the insured, the limits of which are determined by the rules of law or ethical rules.
b) Claims arising from the activities of the insured outside the area of responsibility of the organisations covered by the policy, except for the fulfilment of humanitarian duty.
c) All kinds of penalties and penal conditions including administrative and judicial fines.
d) Compensation claims arising from all kinds of experiments, except for those carried out for medical professional activities within the framework determined by the relevant legislation.


