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(영문) 전주지방법원 2019.12.11 2017가합1546

손해배상(의)

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are the parties’ intentions to operate the D Hospital located in Jung-Eup (hereinafter “Defendant Hospital”), and the Plaintiffs are the parents of E who died on December 15, 2016 (hereinafter “the deceased”) and are legal successors of the deceased.

B. Around 15:07 on December 15, 2016, the Deceased’s internal members and the Defendant’s measure 1) the Deceased responded to the chest and complained of any fluorous symptoms, and sought to the Defendant’s hospital. 2) On the same day, the Defendant conducted a heart test to the Deceased, and diagnosed him as a normal and urgent body as a result of the examination, and administered the amount and file with the Deceased.

3) The Deceased complained of symptoms disturbing about 10 minutes, and caused fladation, such as infladation, etc., and the Defendant conducted artificial smoking and heart massages to the Deceased, and transferred the Deceased to a F Hospital, a superior hospital. (C) On December 15, 2016, the F Hospital administered Ethical fladin, Aptine, etc. immediately after the Deceased’s arrival at around 16:00, and conducted a blood test while performing an emergency cardiopulmonary resuscitation, such as oxygen supply through an in-house insertion.

2) Nevertheless, the F Hospital, where the deceased was not recovered, suspended cardiopulmonary resuscitation around 16:25 on the same day, and the deceased died. 3) Meanwhile, on December 16, 2016, the Jeonju Science Investigation and Research Institute expressed in its autopsy that “the deceased’s private person will be considered as acute fluence.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 5 (including branch numbers for those with a branch number; hereinafter the same shall apply), the result of the request for examination of medical records to the G Association of this Court and the result of the request for supplemental evaluation, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion caused the death of the deceased by the medical negligence as follows. Thus, pursuant to Article 750 of the Civil Act, the property and mental damage suffered by the deceased and the plaintiffs is 147,465,296 won to the plaintiff A, and 142,465,296 won to the plaintiff B and each of the above.

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