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(영문) 부산지방법원 2015.12.22 2013가단17212

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 15, 201, the Plaintiff A suffered injury by being her part of the electric wheelchairs wheel chairs driven by E in front of the exit of the subway station in the Seodaemun-gu Seoul Western subway Station on May 15, 201, and the Plaintiff B and C are the parents of Plaintiff A.

B. On May 16, 201, Plaintiff A was diagnosed as “the pelum satum satis, the pelum satum satum, the upper right satum satum, the upper right satum satum, the upper right satum satum, and the upper right satum satum satum.”

C. After that, on October 27, 201, Plaintiff A was diagnosed as “alley-fresh, urine bed, urine bed, right-side bed, and satum bedum bed,” at a clinic of the Garyaryaryian Department.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3-1 and 5, purport of the whole pleadings

2. The assertion and judgment

A. On May 15, 201, the Plaintiffs asserted that the Defendant was liable to compensate the Plaintiffs for the damages suffered by the Plaintiffs due to diagnosis negligence, inasmuch as the treatment of the pelvis was prolonged due to the Defendant’s failure to diagnose the pelvis, even though the pelvis occurred to Plaintiff A due to an accident on May 15, 2

B. According to the result of the request for the examination of the medical records to the head of the East Asia University Hospital in this court, the appraiser respondeded that “it is difficult to diagnose the pelvis-ray on the pelvis-ray, but it is necessary to examine the pelvis-ray in order to verify the degree of the pelvis-ray or the pelvis-ray of the pelvis-ray. Notwithstanding the patient’s appeal for the pelvis-ray, if the pelvis-ray was not conducted due to the failure to conduct a separate examination, it is recognized by the doctor’s negligence, but it is difficult to recognize the doctor’s negligence if the examination was not conducted due to the failure to appeal the pelvis-ray’s pain.”

In light of these results of appraisal, in order to recognize the defendant's medical negligence, first of all, the plaintiff's appeal for the pain of the pelpelle at the time of the first medical examination must be recognized.