90 The Legal Responsibility of Nurses in the Light of the Turkish Court of Cassation Jurisprudence In 2002, it was evaluated to be written 36.5 degrees as if the fever of the kidney patient was checked even though no fever was measured. Twenty minutes later, it was noticed that the patient’s temperature approached 39 degrees. The General Assembly of Civil Chambers in the Court of Cassation has confirmed that this behaviour, which is incompatible with truth, is wrongful.45 When a lawsuit was filed against the physician due to the medical error of the nurse in 2003, the fault of the physician and the nurse together or separately was discussed; it has been decided that the employer is responsible for the employee’s breach of contract. In fact, it was based on the provision of the repealed Turkish Code of Obligations No. 818 (EBK), which deals with the absolute liability of the employer for the employee’s infraction (article 100 of EBK).46 In this case, it is jurisprudence that the physician is absolute liable for the wrong of the assistant nurse.47 In 2004, for the first time, the injury of the sciatic nerve with the injection and the fact that the incident took place in the state hospital resulted in the lack of jurisdiction of the judiciary. Persons who do not have personal wrongs, have worked in a public hospital and left their jobs may not be prosecuted in the civil jurisdiction.48 the report. Drugs that cause allergies or shock, and thus pose or may pose a very serious danger to life, should be administered to prevent this, even if the danger is rare. As far as it is known, this can be implemented in the following way; after the drug to be applied is applied in a very small amount and injected in trace amounts or in the amount required in general, the patient’s reaction should be waited, and if no reaction is shown and thus it is understood that there is no danger for the patient, it can be injected completely. Otherwise, the act done is not treatment, but ignorance and causing death with gross negligence… The Council of Health reports, which determine the doctor’s irresponsibility in the file, are far from apprehending in terms of the quality and quantity of the problem in all details and are insufficient, and do not bind the court under the provisions of Articles 275 and next articles of the proceeding. The decision should be examined by the university professor, whose knowledge and impartiality the court trusts, and the degree of fault should be determined according to the result. Otherwise, the decision made with incomplete examination should be reversed” (4th Civil Chamber of the Court of Cassation, 1973/2684, 1973/2978, 13.3.1973). 45 Court of Cassation, General Assembly of Civil Chambers, 2002/9-550, 2002/561, 26.6.2002. 46 Abolished Turkish Code of Obligations No. 818, Official Journal 29.4.1926, 359. 47 13th Civil Chamber of the Court of Cassation, 2003/2333, 2003/6348, 22.5.2003. 48 21st Civil Chamber of the Court of Cassation, 2004/7439, 2004/8136, 11.10.2004.
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