Mandatory Professional Liability Insurance for Medical Malpractice in Turkiye

The framework for Mandatory Professional Liability Insurance for Medical Malpractice in Turkiye, which all physicians in Turkiye are required to obtain, is established under Article 12 (Additional) of Law No. 1219 on the Practice of Medicine and Its Branches, as well as the Communiqué on the Procedures and Principles Regarding Institutional Contribution to the Mandatory Professional Liability Insurance for Medical Malpractice (2010/1), issued pursuant to that article.

All physicians and dentists, whether employed in public institutions, private healthcare facilities, or practicing independently, must obtain professional liability insurance covering damages arising from medical malpractice and related recourse claims.

Failure to obtain the mandatory insurance triggers an administrative fine of TRY 5,000 (104 EUR) per uninsured physician, imposed by the competent local administrative authority.

Coverage

The liability limit per claim depends on the insured physician’s designated risk group. The maximum coverage amounts per incident are listed in the table below. The annual aggregate indemnity payable under the policy cannot exceed TRY 9,000,000 (approx. EUR 185,895) as of 1st of October 2025.

Risk Group	Maximum Coverage Amount (TRY – EUR)
Group I	1,000,000 TRY (EUR 20,655)
Group II	2,000,000 TRY (EUR 41,310)
Group III	3,000,000 TRY (EUR 61,965)
Group IV	4,000,000 TRY (EUR 82,620)

As of 1st of October 2025

Payment of Premiums

• Public sector: Physicians, dentists and contracted family physicians pay their premiums to the insurer. Half of the premium is later reimbursed by their institution.

• Private sector: Premiums are initially paid by the healthcare institution, but half of the cost is transferred to the insured physician.

• Independent practice: Physicians in private practice must cover the full premium themselves.

Premium Costs

Specialties are classified into four risk groups, with premiums determined accordingly.

• Group I: Low-risk fields such as Forensic Medicine, Anatomy, Public Health, Epidemiology, Physiology, Immunology, Biochemistry, Pharmacology, Parasitology, Pathology, Virology.

• Group II: Moderate-risk fields such as Family Medicine, Dermatology, Rehabilitation, Endocrinology, Occupational Medicine, and certain dental specialties.

• Group III: Higher-risk fields including Pediatric Surgery, Infectious Diseases, Gastroenterology, Cardiology, Pulmonology, Nephrology, Neurology, Radiology, Urology.

• Group IV: Highest-risk surgical and emergency fields such as Emergency Medicine, Anesthesiology, Neurosurgery, General Surgery, Cardiovascular Surgery, Obstetrics and Gynecology, Pediatric Emergency, Intensive Care.

Annual Premiums (as of 1 October 2025):

Risk Group	Annual Premium (TRY)	Approx. Premium (EUR)
Group I	750 TRY	EUR 15.58
Group II	1,500 TRY	EUR 31.16
Group III	2,500 TRY	EUR 51.91
Group IV	3,750 TRY	EUR 77.86

Discounts and Surcharges

• Claim-free years increase the discount level, up to a maximum of 20% after three years.

• Paid claims reduce the discount level; three or more claims trigger a surcharge of up to 50%.

Policy Terms and Conditions

Coverage

The policy covers compensation claims, within the policy limits, arising from professional activities of insured physicians.

• Coverage extends to malpractice occurring during the policy period or in the previous ten years (not before 30 July 2009).

• No coverage applies for periods without insurance longer than one month.

• If the insured ceases professional practice, claims arising within two years after the expiry of the last policy are still covered, provided they relate to the last insured period.

• Legal defense costs are covered under specific provisions.

Exclusions

The policy does not cover:a) Claims arising from activities outside the insured’s professional practice as defined by law or ethics.b) Claims relating to activities outside the scope of the insured institution’s responsibility, except when fulfilling a humanitarian duty.c) Any kind of fines (administrative or judicial) and penal clauses.d) Claims resulting from experiments, except those conducted in accordance with medical professional regulations.

Occurrence of Risk

A risk is deemed to have occurred when:

• the insured becomes aware of a claim, or

• the injured party applies directly to the insurer.

Obligations of the Insured

The insured must:

• Notify the insurer immediately of any risk,

• Report within 10 days any event potentially giving rise to liability,

• Take reasonable measures to mitigate damages,

• Provide all requested information and documents,

• Notify the insurer of claims or proceedings without delay,

• Disclose any other insurance covering the same risk.

Obligations of the Insurer

• Expense Reimbursement: The insurer reimburses reasonable preventive or mitigating expenses.

• Advance Payments: Advances must be provided for defense or compensation costs upon request.

• Compensation Payment: Compensation is payable within 45 days after claim notification. If investigations take longer than three months, at least 50% of the estimated loss must be advanced.

• Defense Support: The insurer must join proceedings upon request, cover litigation costs, and may assist in criminal proceedings with the insured’s consent.

• Settlement Approval: Settlements made without the insurer’s approval are not binding unless approval is unreasonably withheld.

Additional Provisions

• Insurer’s Information Rights: The insurer may request documents from the injured party; failure to comply limits liability.

• Third-Party Rights: Even if released from liability towards the insured, the insurer remains liable to the injured party within statutory limits.

• Subrogation: The insurer is subrogated to the insured’s rights to the extent of compensation paid.

• Direct Right of Action: Injured parties may bring claims directly against the insurer within contractual limits.

• Recourse: The insurer may seek recourse against the insured in cases of intentional misconduct, intoxication, or unpaid premiums.

Statute of Limitations

• Claims arising from the insurance contract become time-barred two years from the date they become due.

• In any case, claims for indemnity expire ten years after the insured event.