Professional liability insurance is mandatory for all physicians within the scope of Law No. 5947.
Scope of Insurance
- Liability for compensation arising from professional error
- Court/lawyer expenses
- Litigation expenses
Insurance Limit
- Annual limit
- Limit per incident
- Specified in the insurance policy
- If insufficient, the physician is personally liable
Excluded Risks
- Conscious error (intention)
- Unauthorized intervention (outside the area of expertise)
- Unlawful treatment
- Administrative fines
For the patient Importance
- Compensation can be collected even if the physician goes bankrupt
- The insurance company can be sued directly (similar to KTK)
Supreme Court 17. HD
17. HD accepts that an "impartial and favorable comment" should be made within the scope of the physician's professional liability insurance, and that the insurer must prove the claims of violation strictly.
Hospital Liability Insurance
- Hospitals also take out separate insurance
- For organizational defects
Practical Recommendations (for the Patient)
- Insurance without filing a compensation lawsuit. Ask about the policy
- Make the insurance company a co-defendant (direct lawsuit)
- For the amount exceeding the limit, return to the physician/hospital
Health law attorney is recommended.