84 The Legal Responsibility of Nurses in the Light of the Turkish Court of Cassation Jurisprudence a limb is unfortunately encountered.38 Negative consequences on the injection problem are not just injuries. It is possible for the patient to go into a coma after the medicine is given quickly by the nurse, which should be given at least two hours under the control of the doctor. It should also be mentioned that the patient whose surgery was completed and because of repeated narcosis medication could fall into a vegetative state.39 II- LEGAL RESPONSIBILITY OF A NURSE First of all, the legal responsibility of the nurse will be discussed in general. The purpose of such a summary is to remind the subject. Then, the jurisprudence of the Court of Cassation concerning legal responsibility in nursing will be chronologically conveyed. Academic quality in the analysis of the cases subject to the judicial decisions can be achieved by duplicating examples as well as by having a good command of terminology. The issues that the Supreme Court has focused on, both in the form of complications and malpractice, should be examined legally at the level of social facts and with communal awareness. A- SUMMARY OF RESPONSIBILITY FOR NURSE’S MALPRACTICE A nurse’s faulty violation of the rules of medicine and medical law due to his/her profession may result in her administrative, legal and criminal liability. The legal responsibility characterized by paying compensation is directed towards the elimination of the damage done to the patient. In the responsibility of the nurse, it is necessary to clarify the definitions of nurse, patient, complication and malpractice in each concrete case. Once the malpractice description is fixed, the institutions of breach of debt or tort in Turkish law of obligations direct the nurse’s legal responsibility for medical error. Moreover, the nurse’s responsibility for breach of debt includes also fault in contract negotiations (culpa in contrahendo). Responsibilities of nurses arising from 38 Çetinkaya Uslusoy/Duran Taşçı/Korkmaz, p. 53. Kürşat, p. 294, 295. Hakeri, “Hemşirelerin Yasal Sorumlulukları-II”, ibidem, fn. 26. Halide Savaş, Yargıya Yansıyan Tıbbî Müdahale Hataları Tıbbî Malpraktis Tıbbî Davaların Seyri ve Sonuçları, Seçkin, Ankara, 2009, p. 83-84. 39 Şahin et al., p. 101.
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