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According to Patient Safety Association data, medical errors

are among top five general death causes. 48% of errors

are surgical, and 20% are caused by wrong medicines. It

is observed that in USA, 3.4% of hospitalizations end with

undesired errors. This ratio is as much as 1.1% in UK.

Because there are no reliable statistical data in Turkey,

share of medical errors in hospitalizations are not accurately

known. However, it is estimated that they are not under

developed country averages.

In such a case, patients and their relatives who suffer from

medical errors opt for psychological relief and discharge

instead of searching for their rights, and they raid hospitals

to punish doctors and employees themselves.

Within such a chaotic work relation, “Medical Malpractice

Compulsory Financial Liability Insurance” is the sole

instrument of mitigating the pressure on doctors while

performing any medical interventions.

Through this system, doctors will be able to access their

interventions for the past ten years, and for the past 2 years

after they retire in a healthy manner instead of trying to

remember the decisions they made.

With the system, in Turkey, patients and patient relatives

are entitled to claim up to a 400,000 TL compensation from

an insurance company per patient. This can increase to

1,800,000 TL in total.

Medical Malpractice Compulsory Financial Liability

Insurance is defined as such in general terms: “This

insurance provides guarantees for physicians, dentists

and specialists (as defined in legislations), working

independently or at public or private health institutions, for

compensation claims against themselves within the term of

the contract or for the ten-year period before the contract, in

connection with damages caused due to their professional

activities while performing the professional activity defined

in the policy, also for relevant trial expenses and the interest

to be decided and for reasonable expenses related to the

compensation claims against the insured party, within limits

defined in the policy.”

Also, it is stipulated as “If insured party ends his/her

professional activity, in addition to the guarantee in the

first paragraph, claims that might arise in two years after

contract ending date, due to the professional activity within

the last insurance contract period”.

Today, even in the profession of medical doctors, which is

accepted as sacred, considering the human error factor at

times, any decisions by doctors have become questionable

in a suspected or disturbing case.

Such that; the Supreme Court, on a certain case, has

decided that “Performers of a profession or art/craft become

liable if they cause damage by not knowing a subject they

should absolutely know while performing such profession or

art/craft, or by neglecting scientifically required precautions

to prevent damage”.

However, it's inevitable to have errors where there are

human beings.

Medical Malpractice Compulsory Financial

Liability Insurance

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