89 Union of Turkish Bar Associations Review 2022 TÜZÜNER / DUYMUŞ / ALGÜL out authority. In these examples, the nurse is, as a rule, liable for any negligence. Nevertheless, it is at the judge’s discretion to evaluate the responsibility of the nurse as a slight liability, who only aims to save the patient or the injured from greater damage (article 527/1 of TBK; article 4 of TMK). B- VERDICTS OF THE JURISDICTION CLARIFYING NURSES’ LEGAL RESPONSIBILITY Verdicts under this heading are related to compensation cases filed due to medical error with the claim of nurses’ wrong. In fact, due to the nurse’s wrongful act, in addition to the weakness or loss of limbs in the patient, even coma, vegetative life and death stand out in concrete events. Besides, there are jurisprudences pointing to the separation of duties between the administrative and judicial judiciary. Similarly, it should be mentioned that the recourse by the State Treasury to the offending civil servant nurse is possible. Based on the various verdicts of the Court of Cassation, the legal responsibility of nurses can be analyzed realistically. Objectivity is valuable in the analysis of events that paved the way for nurses to pay compensation. Because, in such sensitive matters, a methodological approach to social and legal events ensures avoidance of bias and provides permanent solutions with a multidisciplinary perspective. The compilation from 1973 to 2020 is listed below. In 1973, anaphylaxis shock and death as a result of penicillin allergy were evaluated. Antibiotics such as penicillin can cause death in some individuals due to an allergic reaction. The importance of this jurisprudence is that it questions the workload distribution between the physician and the nurse. The Court of Cassation was sceptical that only the nurse, not the doctor, was held responsible for the sudden injection of a full dose of allergic shock drugs rather than gradually.44 44 “As the purpose of the profession of the doctor and auxiliary health personnel is to protect human life, eliminate diseases and prolong life, it is necessary for the physician to warn the patient and the auxiliary personnel and, if necessary, to give the injection himself when giving a drug that can cause shock. The fact that the council of health determines that the fatal result is possible with this drug and on the other hand does not consider the doctor responsible depends on the fact that the doctor, in this application, clearly determines that there is no other method of manner that can prevent this result. However, this aspect is not mentioned in
RkJQdWJsaXNoZXIy MTQ3OTE1