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(영문) 서울남부지방법원 2013.05.21 2011가합4460

손해배상(의)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant Jeonnam University Hospital (hereinafter “ Jeonnam University Hospital”)

The medical corporation that operates the Jeonnam Hospital located in the Dong-dong 1, Dong-gu, Gwangju. Defendant C is a person who operates a H Hospital located in Gangseo-gu, Seoul, and Defendant D is a medical specialist belonging to the H Hospital. Defendant E and F is a medical specialist outside Yacheon-si, who operates the J Hospital in Yacheon-si. Defendant E and F are a medical specialist outside Yacheon-si, who operated the J Hospital in Yacheon-si. (2) Plaintiff A was a fall accident and was transferred to an emergency room in the Jeonnam-gu, and was transferred to the H hospital, and was treated by the J Hospital, and Plaintiff B was the father of the Plaintiff.

B. On December 18, 2007, Plaintiff A fell from 20:55, and was transferred to K Hospital again, around 01:55 on December 19, 2007, Plaintiff A claimed an emergency room for Jeonnam Hospital using ambulances at the time, and the medical staff of the Defendant Jeonnam Hospital complained of the above Plaintiff at the time, and the medical staff of the Defendant Jeonnam Hospital diagnosed the above Plaintiff as a result of the clinical examination, such as blood examination, radioactive photography, and CT photography, etc., both of which were conducted by the Plaintiff, and diagnosed Plaintiff A into the pelnam Hospital’s emergency room at around 01:55. < Amended by Presidential Decree No. 20360, Dec. 19, 2007>

3) In light of the above conditions of the hospital, including the surgery schedule, the medical personnel at the Defendant Jeonnam Hospital explained to the Plaintiff B that the emergency operation for the Plaintiff could be delayed. On the other hand, it was confirmed through the emergency medical information center (139) that the Plaintiff could be capable of the emergency operation. Accordingly, the Plaintiff B decided to transfer the Plaintiff A to the H hospital and started the operation of the H hospital using ambulances around 14:04 on December 19, 2007. (c) Plaintiff A arrived at the H hospital around 17:53 on December 19, 2007. The medical personnel at the above hospital arrived at the H hospital at around 17:53 on December 19, 2007, as a result of the Plaintiff’s blood examination, radiation photographing examination, etc. with respect to the Plaintiff A, and as a result, 1.2.