94 The Legal Responsibility of Nurses in the Light of the Turkish Court of Cassation Jurisprudence In 2016, another jurisprudence showing that the injection problem continues should be mentioned. The defendant nurse administered painkillers intramuscularly to the left hip of the plaintiff who had undergone plastic surgery. However, the plaintiff’s left leg was injured. The expert’s report states that the clinical picture is compatible with injection neuropathy, and nerve damage occurs with the intra-tissue spread of the injected medicine. If the administration is not made in the wrong place, that is, if the injection is suitable for the medical technique, unforeseen and unpreventable symptoms may occur. According to the report, despite all care and attention, there are complications that are not caused by any wrongful act. However, the fact that even the hospital’s irresponsibility was expressed in this expert report necessitated the reversal of the decision of the first instance court due to incomplete examination.63 In 2017, after the abortion procedure, numbness occurred in the right leg and foot as a result of painkillers administered from the calf. In the report prepared by the Council of Forensic Medicine, the current picture is described as a complication that can occur despite all care and is not based on any wrongful act. Medical incompatibility in the injection place and technique, and therefore, a wrongful act attributable to the healthcare personnel who administered the injection was not detected. However, the Supreme Court overturned the firstinstance court decision due to incomplete examination. Because this report coming from the Council of Forensic Medicine is not enough and should not be contented with. The court should form an expert committee of three academicians, who are experts in their fields and have academic careers. Whether the injection subject to the case is suitable for medical science in terms of its place and technique should be clarified by a committee with academic competence. In addition, the committee should also enlighten whether the negative result grows after the necessary medical interventions are withheld from the patient after this injection, whether it is a mistake or not. It is against the procedure and the law to decide that there are no wrongful act attributable to the defendants, without obtaining such a qualified committee report, with an incomplete examination.64 63 13th Civil Chamber of the Court of Cassation, 2015/19241, 2016/13610, 26.5.2016. 64 13th Civil Chamber of the Court of Cassation, 2015/18038, 2017/3975, 5.4.2017.
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