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(영문) 서울북부지방법원 2015.01.15 2013고단724

업무상과실치상

Text

The Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged in the instant case is a medical specialist in the family department as the president of the EE Council, and Defendant B is a medical specialist in the outside.

Defendant

A requested the victim F(57 years of age) to perform the procedure of local transplantation and the surface of the water to Defendant B, who is a medical specialist, who is required by the victim F.

Defendant

B, upon receiving the request from Defendant A to perform the procedure, around July 25, 2010, around the second floor of the G Building in Gangseo-gu Seoul Metropolitan Government, the said victim had the victim conduct the local transplantation and the e-mail.

When using a propool which is a telegraphic narcotics, in consideration of the patient's age, physical strength, weight, etc., the injecting speed shall be maintained appropriately according to the patient's personal required quantity and the degree of stimulatement, and when administering it to the extent of a general anesthesia, respiratory and epidemological surveillance shall be continuously conducted and preparation shall be made for treatment, such as securing instrument and artificial smoking, at any time.

The victim's body was 83 km at the time, so the appropriate amount of use of propool is 12-40 ml (1%) per hour.

Nevertheless, Defendant B, in violation of the above occupational duty, administered propool to the victim, without considering the body weight and characteristics of the victim, was immediately administered 60ml per hour without considering the body weight and characteristics of the victim, and 4ml was administered again after about 5 minutes thereafter.

Defendant

B, due to such excessive medication of propool, the victim suffered from respiratory distress, but the victim was not immediately found with the lack of equipment other than the oxygen intensity measuring instrument, and there was no first-aid treatment, such as dicination or supply of high concentration oxygen.

Defendant

A, as seen above, when requesting Defendant B to perform local transplantation and WIG scopic surgery for the above victim, the victim’s health condition prior to the procedure requiring telegraphic anesthesia, as the main doctor of the above victim.