93 Union of Turkish Bar Associations Review 2022 TÜZÜNER / DUYMUŞ / ALGÜL In three separate jurisprudences in 2014 and 2015, in the case brought against the nurse due to the wrongful acting of the public servant nurse, while the local court should have dismissed the case due to lack of capacity, its rejection in terms of duty and base was found to be wrong.58 However, dissenting opinion were written in the decisions. In the dissenting opinions, it was criticized that the civil servant’s personal wrongful acting was not separated. As a result, if it is understood from the material facts that the lawsuit is based on the defendant’s personal wrongful act, hereupon the evidence must be collected and evaluated in line with this claim, and thus a legal conclusion must be reached.59 In 2016, the Supreme Court evaluated whether the criminal sentence regarding the nurse who was convicted of reckless injury binds the civil judge. For this, it was based upon the provision of the repealed Turkish Code of Obligations, which regulates the relationship between civil and criminal judges (EBK article 53 of EBK). Based on the true-life material facts mentioned in the sentence, the legal responsibility of the nurse can be applied.60 In 2016, the injection administered by the nurse is still on the agenda as a legal issue. This time, the decision of the local court was overturned because the patient’s consent form, signed by the plaintiff, was not sent to the file so that the nurse’s wrongful acting could not be determined from the aforementioned injection.61 In another jurisprudence in 2016, the plaintiff, who could not step on his foot after the injection, did not heal despite receiving physical therapy. In order to determine whether the nurse has a professional wrongful acting in the case, experts with academic careers from the neurologists of the universities should be selected and a committee report should be obtained from them. The Court of Cassation preferred the way of reversal, since there was no expert examination of this quality.62 58 4th Civil Chamber of the Court of Cassation, 2015/9285, 2015/9678, 10.9.2015. 4th Civil Chamber of the Court of Cassation, 2015/4017, 2015/4876, 16.4.2015. 4th Civil Chamber of the Court of Cassation, 2014/7428, 2014/10382, 23.6.2014. 59 4th Civil Chamber of the Court of Cassation, 2014/620, 2014/1593, 4.2.2014. 4th Civil Chamber of the Court of Cassation, 2011/1694, 2012/4172, 15.3.2012. 60 13th Civil Chamber of the Court of Cassation, 2014/43885, 2016/2467, 2.2.2016. 61 13th Civil Chamber of the Court of Cassation, 2015/30631, 2016/7474, 10.3.2016. 62 13th Civil Chamber of the Court of Cassation, 2015/4491, 2016/9749, 6.4.2016.
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