105 Union of Turkish Bar Associations Review 2022 TÜZÜNER / DUYMUŞ / ALGÜL Under the responsibility of civil servant nurses working in public hospitals, the qualification of neglect of duty (service failure) is essential and the place of competent court is administrative jurisdiction as a rule. The only exception to this rule is the personal fault attributed to the civil servant nurse. The legal liability of the nurse has frequently been the subject of Supreme Court jurisprudence. In Turkey, when the legal responsibility of the nurse for medical error is mentioned, the main problem can be called injection. Half of the ruling-cases of the Court of Cassation between 1973 and 2020 focus on the injection problem. This issue preoccupies the Court of Cassation. Of course, the number of nurses who are unknowing and incapable of injection is very low compared to the total. However, the injection problem is suspicious in terms of its frequency and has the status of a social phenomenon. This situation reveals the necessity of better training of nurses in their specific medical knowledge, professional experience and artisanal intervention. In jurisprudence, disability, loss of sensation, drop foot, or more precisely, accumulation in sciatic nerve damage after injection is observed as a result of bad intramuscular injection. The inadequacy and lack of reports from the Council of Forensic Medicine is the reason why many local court decisions are overturned. The Court of Cassation requests the courts not to be contented with the report from the Council of Forensic Medicine and requests a committee report from independent neurologists working at respectable state universities. Injection should be approached multidisciplinary so that radical solutions to this problem can be produced. A multidisciplinary approach to injection is highly recommended. Injection problems must be minimized, particularly with the cooperation of medical and legal science. Extra sensitivity should be given to medicine (drug) administration in nursing education. Nurse candidates should be subjected to stricter examinations regarding injection and should be informed both medically and legally about the negative consequences of this medical intervention. In nursing practices that require artisanship one-to-one and face-to-face lessons should be preferred, not group training nor online lessons.
RkJQdWJsaXNoZXIy MTQ3OTE1