Under the Liability Act, the physician must compensate the damage if he harms his patient with a defective behavior. Since the responsibility arising from the breach of the contract is a liability based on imperfection, it is one of the constituent elements of the physician’s responsibility for the contract of the physician. The evaluation of the physician’s medical activity in terms of defect is based on the medical standards of medical profession. However, physicians should pay attention and care during their medical activities, not only professionally but also due to general life experiences. If the physician made an application under the medical standards which should be applied according to the characteristics of the concrete event and the conditions to which it belongs, it is assumed that it has made a medical misapplication. In this sense, the physician’s professional defect is actually the same as a violation of the objective maintenance obligation.