100 The Legal Responsibility of Nurses in the Light of the Turkish Court of Cassation Jurisprudence according to the position occupied by the defendant? Again, according to the plaintiff’s or his opponent’s social and economic situation, changing of the amount of immaterial compensation deserved by the plaintiff, in whose body a gauze had been forgotten, who lived with the gauze bandage until this situation was noticed and faced the misfortune of being re-operated, is not an example of jurisprudence balancing the interests of the parties. On the contrary, it is the unlawful continuation of the exercise of judicial discretion that the law no longer grants to the judge. The amount of compensation to be paid by the nurse to the patient whose gauze had been forgotten in his/her body cannot change according to the status occupied by the patient and/or the nurse, his/ her place in the society and/or the belongings the patient/the nurse owns. In fact, before the Supreme Court, it is advocated that the process of clarifying the amount of immaterial compensation should not even be revived, but should be reconstructed from the beginning all over again. The amount of immaterial compensation should be isolated from the criteria such as the recognition of the plaintiff and/or the defendant in the society, living on rent, owning a car, working as a deputy/ engineer/manager, living abroad, having dependents. These criteria can be taken into account in determining the amount of child support. However, this important issue should be postponed to a comparative study of the amount of non-pecuniary damage in another study. These criteria can be taken into account in determining the amount of alimony (payment). However, this important issue should be postponed to a comparative study exclusively about the amount of immaterial compensation in another study. Half of the thirty-six case-laws collected are about intramuscular or intravenous injection. The specific medical problem that caused half of the disputes should be deemed as high rate and be considered important. In many jurisprudences of 2003, 2004, 2005, 2007, 2011, 2012, 2013, 2016, 2017, 2019 and 2020; disability, loss of sensation or drop foot as a result of intramuscular injection have been examined. Besides, studies reflect the medical error of the nurse at the rate of twenty percent in each shift. In fact, preventing malpractice requires addressing mistakes in the first place. However, it has been written by some authors that nurses tend to hide their mistakes.86 If the bodily harm as a result 86 Kahriman/Öztürk/Babacan, p. 5, 55.
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