75 Union of Turkish Bar Associations Review 2022 TÜZÜNER / DUYMUŞ / ALGÜL Types of medical errors can absolutely lead to the responsibility of healthcare professionals. Nurses may have three different responsibilities such as criminal, administrative and legal for their unlawful medical actions. In this study, the focus is on the legal responsibility of the nurse for professional mistakes, which is limited to Turkish Law and the practice of the Turkish Court of Cassation. In the payment of compensation on the grounds of professional error of the nurse, it is necessary to briefly remind the concepts of malpractice, including primarily medical intervention, and then medical error and damage. Then, based on reasons of the legal liability, breach of debt and wrongful act are explained bilaterally; in particular, examples that illuminate the legal responsibility of the nurse are given. At this point, the jurisprudence of the Turkish Court of Cassation regarding the legal responsibility of the nurse is analyzed. It is hoped that by collecting decisions of the jurisprudence of the Court of Cassation regarding the legal responsibility of nurses, it will be easier for colleagues to access appellate division precedents similar to their concrete disputes. In fact, in the light of a substantial number of precedents on the subject, an opportunity arises to approach the problem of medical error in nursing as a social and legal phenomenon. In addition, the attention of the concerned parties is drawn to the problems in which the nurse’s medical error is concentrated, and a consultation environment for the solution of these is encouraged. I- A BRIEF OVERVIEW OF MEDICAL INTERVENTION AND MALPRACTIS IN NURSING In order to distinguish the cases that lead to the legal responsibility of nurses, first of all, malpractice should be defined in a large scale that will include medical intervention, medical error, complication and damage. After conceptual clarification, complications and malpractice possibilities that concern nurses should be mentioned. Of course, while the aforementioned terms are mentioned briefly, it is not possible to explain all the possibilities of nurse error one by one. However, eliminating terminological concerns from the beginning may facilitate the determination of legal issues in the decisions of the Court of Cassation, which will be examined in the following.
RkJQdWJsaXNoZXIy MTQ3OTE1