132 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions rementioned Law, and since the dispute will be resolved by applying the provisions of the TCC, it has decided to overturn the decision of the local court regarding the dismissal of the case due to the procedural mandate, on the grounds that the duty to hear the case rests with the Commercial Court of First Instance.”50 In the decision of the Istanbul Regional Court of Justice (BAM) 19. HD, 16.02.2018 T., 2018/206 E. and 2018/228 K., “In the case that is the subject of the decision of the Kocaeli 2nd Commercial Court of First Instance T., 2017/509 E. and 2017/464 K. given upon the application of the appeal procedure.” The local court concluded that plaintiff ... applied to the ... hospital belonging to defendant ... during the second pregnancy period in 2015 and all her controls and examinations were carried out by the other defendant specialist physician ... during the period until the birth. Due to the fact that the child has Down syndrome, the tests during pregnancy were not fully performed, and they were not warned about this issue, the doctor filed a pecuniary and non-pecuniary damage lawsuit against the defendants with the allegation that he was negligent here, the plaintiffs are not merchants here, but they are consumers, the plaintiff party, in this case, the other defendant ... Although he claimed that the Commercial Court was in charge due to the fact that he filed a lawsuit against the insurance company within the scope of the complementary physician liability insurance he made with the Insurance Company, and because the insurance law was regulated by the TCC, in article 3/1 of the Law on Consumer Protection No. In this case, only because it is stated that it is a consumer transaction since one of the defendants is insured, it will not be necessary to be heard in the Commercial Court, since the concrete incident arises from a typical consumer transaction, the duty of hearing the case belongs to the Consumer Court in accordance with Article 3/1 of the Law on the Protection of Consumers No. and it should be taken into consideration at every stage of the proceedings, and it was decided that the file should be sent to the Kocaeli Consumer Court on Duty. The plaintiffs filed an appeal on the grounds that the decision of non-jurisdiction given by the court was not correct and that the competent court was the Commercial Court. 50 www.kazanci.com, (Date of Access: 25.08.2019).
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