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(영문) 서울동부지방법원 2014.05.15 2012가합7524

손해배상(의)

Text

1. The Defendants against each of the Plaintiffs A, KRW 315,247,31, Plaintiff B, and C, respectively, and each of the above amounts.

Reasons

Basic Facts

(1) The status of the party (1) Defendant D and E is a doctor working at each Defendant hospital in Gangdong-gu Seoul (hereinafter “Defendant hospital”) and Defendant F and G is a doctor working at each Defendant hospital in charge of Plaintiff C’s portion, and Defendant G is a doctor in charge of treatment after the birth of Plaintiff A.

(2) On June 24, 2010, at the Defendant Hospital around 16:28, 2010, Plaintiff A is a child of Plaintiff C, and Plaintiff B and C are the parents of Plaintiff A.

(1) After the lapse of delivery (1) Plaintiff C, as an early childbirth of the age of 36, had a total of eight weeks of pregnancy, was brought to the Defendant Hospital on November 6, 2009, and thereafter, the Defendant Hospital had regularly received an advance medical examination from Defendant F, and both the pregnant woman and the fetus had no special abnormal signs.

(2) On June 24, 2010, when the Plaintiff was pregnant 41 weeks, the Plaintiff C hospitalized in the Defendant Hospital only for the inducement of approximately 07:00 (hereinafter referred to as “the day of the instant case,” and if only the time is indicated, referring to the time on the day of the instant case).

(3) The medical personnel of the Defendant Hospital installed a device with NST (n-sres test: non-sres test) and supervised the condition of the mother and the fetus. At around 08:05, a beer, where the fetus heart ward (FHB, fetal beng) fell into 10-105/ minutes, was observed at around 08:20 up to 90/100.

Accordingly, the medical staff of the defendant hospital was required to change the plaintiff C into the position of the plaintiff C.

(4) At around 08:25, the number of fetus hearts was reduced to 90 times/minutes within the normal range of 130 to 140 / 120. At around 12:10, the number of fetus hearts was restored to 80 times/minutes within the normal range of 119 to 121 / 121. From around 08:05 to around 12:30, the number of fetus hearts continued to be reduced to approximately 1 to 100 times/minutes.

(5) Meanwhile, around 10:30, Defendant F decided to administer the Plaintiff’s Matototocin (Oxycin), which is a patocin, and the medical staff at Defendant Hospital invested the Plaintiff’s Matotocin from around 11:00 to the Plaintiff C.

(6) However, around 16:10.