87 Union of Turkish Bar Associations Review 2022 TÜZÜNER / DUYMUŞ / ALGÜL ity, the compensation in the legal responsibility of the nurse may arise from the breach of the debt. The conditions for this should be classified as follows: The existence of a contract between the nurse and the patient, the breach of the debt arising from this contract by the nurse, the nurse being deemed at wrongful, damage to the patient and the causal link between the damage and the breach of the debt. The legal nature of the contract between the nurse and the patient is mostly mandate (mandatum) (article 502 of TBK). Here, it is not the typical appearance of the mandatum, but the modest version of a fee for work. If a nurse does not fulfil or perfoms late or poorly regarding the obligation of providing the medical service that is within the province of him/her in accordance with the patient’s will and health benefit, the general provisions regarding the breach of contract shall be applicable in addition to the special provisions regarding the mandate contract (article 502, 112 of TBK). On the other hand, the principle of honesty, which is expressed in the Turkish Civil Code No. 4721 (TMK), imposes culpa in contrahendo responsibility on future contracts that come into contact to make a contract (article 2 of TMK). Although the legal nature of this liability is still discussed in the doctrine, it is mostly considered as a breach of debt. Therefore, the nurse’s failure to act honestly in precontract negotiations, as a rule, with the application of special provisions regarding the mandate contract; the blanks are resolved by filling in the general provisions regarding the breach of contract (article 502, 112 of TBK; article 2 of TMK). In the preparation phase, if the nurse damages the patient with careless statements and/or behaviours attributed to are wrongful, it may result in compensation. Although it is rare, it should be pointed out that the nurse may act without authority. If the nurse’s act without authority is in accordance with the patient’s interests and his hypothetical will, then it is in favour of the patient’s interest namely substantial (real) agency without authority; otherwise, it is mentioned about insubstantial (unreal) acting without authority (article 526 et seq. of TBK). Even if it is not based on a contract, the degree of the nurse’s duty of care does not change. He/she should always show the care expected from his/her profession in all his medical interventions. The nurse acting without authority is responsible for all kinds of negligence. However, the responsibility of healthcare professionals aiming to protect the patient from greater damage who act
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