손해배상(의)
1. All appeals by the plaintiff (appointed party) and the claims extended by this court are dismissed.
2. After an appeal is filed.
1. With respect to the claim for damages filed by the Plaintiff and the designated person B on the ground that the deceased E (hereinafter “the deceased”) who was receiving medical treatment at the F Hospital operated by the Defendant (hereinafter “Defendant Hospital”) died due to the negligence of the medical personnel at the Defendant Hospital, the court prior to the remand of the case shall dismiss the claim for damages arising from the deceased’s lost income and active damages on the ground that the medical personnel at the Defendant Hospital is recognized as having been partially negligent, but the proximate causal relationship between the deceased’s death cannot be acknowledged, as seen below, on the ground that the medical personnel at the Defendant Hospital’s hospital’s medical personnel’s medical personnel’s negligence and the deceased’s death cannot be found. However, the lower court determined that the part of the medical personnel at the Defendant Hospital’s medical personnel’s medical personnel’s negligence constituted a remarkably unfaithful medical treatment beyond the
Although both the Plaintiff and the Defendant appealed, the Supreme Court dismissed the Plaintiff’s appeal, and the Defendant’s appeal was accepted, and the part against the Defendant in the judgment prior to the remand was reversed.
Therefore, the scope of the trial after remand is limited to the part against the defendant in the judgment before remanding, that is, the part of the mental damage suffered by the deceased, the plaintiff, the selected person B due to the negligence of the medical staff of the defendant hospital.
2. The reasoning of this court’s explanation is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for partial revision as follows. Thus, the reasoning of this court’s explanation is as follows.
ARTICLE 1-
(b) Of paragraph 2, “04:32” shall be deemed to be “04:15”, and “the deceased” shall be deemed to be “the Deceased at least 04:41 on the same day”, and Article 1 of the preceding Act
(c) to delete paragraphs 3.
3. Whether liability for damages arises;
A. The summary of the Plaintiff’s assertion is the following negligence in the course of the diagnosis and treatment of the Deceased, and due to such negligence, the Deceased.