[손해배상(의)] 확정[각공2019하,927]
The case holding that in the case where Gap et al., his bereaved family members, et al. were treated normally from the medical staff of the university hospital Eul operated by Eul, and then, after being treated as the coch-fluorization of the brain beer in the left-hand brain beer, and the brain beer in the process of being treated as the co-fluorization of the luoral chroculsis under the Medical Care Assistance Act, and the hospital's medical staff completed the procedure in sequence after performing temporary fluoral fluoral fluoral typhal typhal typhism for the brus, etc., and died without recovering consciousness, and thereafter Gap et al., died without recovering consciousness, and sought employer's liability against Eul corporation, it is difficult to view that Gap's thalopthal moral mal malopthal marization was caused by the medical staff's negligence in light of all the circumstances, in the case where Gap et al., sought medical staff's responsibility against Eul
The medical personnel of a university hospital operated by Eul (hereinafter referred to as "A") had the co-fluorization of the right brain be treated normally from the medical personnel of the university hospital operated by Eul (hereinafter referred to as the "A"), and then had the co-fluorization of the luoral chroculsis (St-St-Streist colonization; hereinafter referred to as the "Stchromosis"), and completed the procedure after the medical personnel of the hospital conducted temporary fluorization, two fluorization, and fluoral fluorization of the brain so that the patient's bereaved family Byung et al. died without recovering consciousness, and caused the her death of the patient's bereaved family Byung et al. to suffer from the luoral fluoral fluor's negligence, thereby seeking the employer's liability against Eul.
The case holding that it is difficult to take into account whether it can be directly prevented by temporarily blocking blood in the process of performing strawing cryeing cryeing crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type cryeing-out crye-out crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type crye-type.
Articles 750 and 756 of the Civil Act
Plaintiff 1 and four others (Law Firm Daw, Attorney Jeong Jong-seok, Counsel for the plaintiff-appellant)
School Foundation (Law Firm Sungsung, Attorney Kim Do-type, Counsel for defendant-appellant)
July 2, 2019
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
The defendant shall pay to the plaintiffs 1, 2, 3, and 4 44,738,536 each of them, 52,107,804 won to the plaintiffs 5, and 52,107,804 won each of them, and 5% per annum from March 22, 2017 to the service date of a duplicate of the application for purport of claim and modification of cause of claim, and 12% per annum from the following day to the day of complete payment.
1. Basic facts
A. The Defendant is a juristic person operating a △△ Hospital affiliated to ○○ University’s Medical Center (hereinafter “Defendant hospital”), which performed a co-Japanese surgery to the deceased Nonparty (hereinafter “the deceased”), and is the employer of the medical staff of the Defendant hospital, and the spouse of the deceased and the rest of the Plaintiffs are the deceased’s children.
B. On March 20, 2017, while the Deceased complained of an internal sewage and two pain, he/she promised to provide medical treatment to an emergency room of the Defendant Hospital on March 23, 2017, when the brain dynamics were confirmed through a brain-based photographing (CT), and applied to an emergency room of the Defendant Hospital on March 21, 2017, prior to the scheduled date. As a result of brain CT shooting, the Deceased was diagnosed not only to have cerebrovassis as of March 21, 2017, but also to the right side, but also to the left side of the hospital, the deceased was transferred to the emergency room of the Defendant Hospital on March 21, 2017 on the ground that there was no brain dynamics in the middle patient room.
C. At around 14:30 on March 22, 2017, the Deceased had had a co-chroning surgery on the right brain be performed by the medical personnel of the Defendant Hospital in a normal condition, and followed up, he had a chroning surgery on the left-hand brain beer (the apparatus to prevent the crypine inserted into the brain beer and to prevent the cryping to the brain cryp and the cryping to the upper-hand beer), and had a co-chroning surgery on the left-hand brain beer in the process of the instant co-chroning surgery (hereinafter “instant co-chroning surgery”).
D. As the deceased’s cerebral malculsis re-explosion, the medical personnel of the Defendant Hospital repeatedly performed the temporary malcule malculsis to the deceased, but the occurrence of the meculous malculosis occurred in the inner beer, and in order to perform the traculous malculsis, the microform was inserted into the microform for the purpose of blocking the left-hand body of the serious brain malculsis, while the meculical malopsis
E. On March 22, 2017, at around 20:30, the medical professionals at Defendant Hospital decided to conduct two dystrophical tensions depending on the dystrophism. After explaining the Plaintiffs, the medical professionals commenced the surgery at around 21:20, after obtaining consent from the Plaintiffs, and completed the surgery at around 00:05 on March 23, 2017. The details of the surgery record are summarized as follows.
In this case, serious brain species are observed after thothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothothathathathathathothothothathathathathothathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathathatha>
Note 1) DIC
Note 2) Roster rooms
F. However, the deceased’s failure to recover consciousness, and the state of brain dysing from March 24, 2017, and the cerebral dystrophism occurred, and the cerebral dystrophy was aggravated, and died on April 20, 2017.
(g) Relevant medical knowledge;
1) Definitions of brain beer
뇌동맥류란 뇌혈관 벽의 일부가 늘어나 꽈리 모양으로 부풀어 튀어나온 것으로, 뇌동맥 분지에 가해지는 혈역학적 부담과 죽상경화성 변성에 기인한 내탄력층의 손상과 중막의 결손이 발생의 주된 원인이다. 뇌동맥류는 전체 인구의 약 1~2%가 유병률을 가진 것으로 알려졌고 그중 절반은 출혈을 일으키는 것으로 알려졌다. 뇌동맥류의 벽은 얇고 약해서 출혈을 잘 일으키고, 파열되면 절반 정도 사망하는 질환이므로 뇌동맥류에 대한 위험인자를 피하고 뇌동맥류가 파열되기 전에 조기에 발견하여 치료하는 것이 중요하다. 예후는 치료 전 환자의 상태에 따라 8~45%의 사망률을 보이고, 합병증으로는 재출혈, 뇌혈관 연축, 수두증, 간질, 심근경색 및 부정맥, 전해질 이상, 폐 합병증 및 위장관 출혈 등이 있다. 파열되기 전에 발견된 동맥류를 비파열성 뇌동맥류라고 한다.
(ii) Method of treating brain beer;
The treatment method for brain clocks is “open and brain clocking” and “clock clocking within a blood pipe.” The “clocking and brain clocking method” means the method of removing the two frameworks and to check the clocks with a small amount of clocks after securing brain clocks between brains. The “clock clocking inside a blood pipe” means the method of inserting the clocks on the side of a bridge ordinarily by cutting the slocks and inserting the clocks into the clocks and preventing the clocks into the clocks with a white clocks after gathering the clocks.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, the purport of the whole pleadings
2. The plaintiff's assertion
피고 병원 의료진은 망인의 동맥류 파열을 예방하기 위하여 주의를 기울였어야 함에도 불구하고 이 사건 코일색전술 시술 중 유도철선 또는 스텐트 원위부의 뾰족한 부분을 적절히 조작하지 못한 과실로 동맥류 벽에 자극 또는 힘을 가하여 동맥류 부위의 모혈관을 파열시킨 과실이 있다. 피고 병원 담당의는 이 사건 코일색전술의 위험성이나 의료진의 시술 경험에 대하여 충분히 설명하지 않은 과실이 있다. 원고들은 망인의 치료비는 10,802,785원, 원고들이 들인 장례비가 5,000,000원, 망인의 위자료가 70,000,000원, 원고들의 고유의 위자료가 각 30,000,000원이라고 주장하면서, 망인의 손해에 대하여는 70%로 책임제한을 한 뒤 상속분에 따라 계산하여 청구취지 금액 기재의 지급을 구한다.
3. Determination
A. Judgment on the assertion of violation of the duty to explain
In full view of the overall purport of the arguments as to whether the medical personnel in charge of the Defendant Hospital did not fully explain the risks of the instant co-operation or the experience of the medical personnel’s treatment, the following facts can be acknowledged: (a) as to whether the medical personnel in charge of the Defendant Hospital explained the following matters: (b) the purpose and process of the instant co-operation cryption; (c) the purpose and process of the instant co-operation cryption; (d) the process of the surgery; and (e) the process of the surgery; and (e) the process of the surgery; and (e) the process of the surgery; and (e) the cerebral cryption; and (e) the process of the surgery; and (e) the cerebral cryption; and (e) the evidence
B. Determination as to the assertion of negligence in the luxation procedure
When a medical doctor performs a medical act, such as a health room, medical examination, and treatment, with respect to whether there was a negligence in the leading wire or ice operation, he/she has a duty of care to take the best measures required to prevent risks depending on the patient’s specific symptoms or circumstances, given the patient’s specific symptoms or circumstances. Such duty of care is based on the level of medical act performed in the clinical field, such as a medical institution, at the time of the medical act. The level of medical care refers to the so-called medical consciousness generally known and recognized at the time of the medical act. As such, the normative assessment should be based on considering the environment, conditions, characteristics of the medical act (see, e.g., Supreme Court Decision 2004Da13045, Oct. 28, 2005). Medical practice requires highly specialized knowledge, and a general person, who is not an expert, has a duty of care to prevent the patient from occurring in the process of medical act, and as a result, it is extremely difficult to predict the causal relationship between the patient’s negligence and damage.
According to the above facts and the following circumstances acknowledged by comprehensively considering the overall purport of the arguments as a result of the evaluation of the medical records on the Chief of the Korea Medical Dispute Mediation and Arbitration Agency, the evidence submitted by the plaintiffs alone is insufficient to deem that the brain ties of the deceased were salved due to the negligence in the leading wire or salvel operation of the Defendant Hospital, and there is no other evidence to support this. Therefore, this part of the plaintiffs' assertion is without merit, and all of the plaintiffs' claims premised on
① The deceased’s right-hand beer had performed and successfully completed the operation using micro-rosters. Meanwhile, it is known that the left-hand beer of the deceased’s brain is a beer with multi-ryroids, and as such, the frequency of waves is high when the shape of the brain beer is seen as having high in the frequency of waves when the shape of the brain beer is seen as being in the form of a multi-ryr, and that the risk of waves is higher than that of the brain beer than that of the simple shape if a bladg is accompanied by a herc.
② In the process of performing the scopic co-operation with the scopher, the scopher’s scopher’s scopher may cause damage to the scopher’s powder, or the scopher’s scopher’s scopher’s physical damage to the scopher’s scopher or the scopher’s scopher’s scopher. In this case, removing the scopher’s scopher may not be right, but rather, to remove the scopher’s scopher by temporarily blocking the blood by using the scopher’s scopher, etc., making it difficult to directly prevent the blood from using the scopher’s scopher or scopher’s scopher. Lastly, the scopher’s scopher’s scopher and directly performing the scopher.
③ 한국의료분쟁조정중재원장의 진료기록감정 결과에 의하면, 망인에게 스텐트가 적절한 위치에 적절한 크기로 삽입되었으나, 스텐트 삽입 시 발생한 모혈관의 손상으로 인한 뇌출혈로 망인이 사망하게 되었고, 망인의 모혈관 파열의 원인은 유도철선이나 원위부 마커의 뾰족한 부분이 혈관을 관통했을 가능성, 혈관 벽의 동맥경화가 심하거나 그와 반대로 약해진 부분이 스텐트가 깔린 후 혈관직경의 변화를 이기지 못해 분지부가 파열된 경우, 혈관 조영술상 보이지 않는 미세혈관 병변의 파열 등을 추측해 볼 수 있다. 또한 모혈관 파열은 스텐트를 삽입하는 과정에서 발생할 수 있는 합병증 중 하나로, 적절하게 시술을 하더라도 혈관 파열로 인한 출혈은 발생 가능하며, 시술 중 이러한 위험을 완벽하게 제거하는 것은 불가능하고, 스텐트 삽입 시 혈관이 파열되는 문제점을 해결하기 위해 의료진은 주의를 집중해야 하나, 본건의 경우 영상자료를 보았을 때 문제점이나 주의의무를 다하지 못한 점을 발견할 수 없으며, 출혈을 해결하기 위한 노력도 충분히 한 것으로 보인다.
④ At the time, the medical professionals of the Defendant Hospital appears to have been performing the procedure according to ordinary alcohols. However, in the process of inserting the content, there is always a possibility of braining the brain when the crypian enters the brain beer, while the end part of the leading metal is brain, but it is very difficult to adjust the cryption because the crypian is on the cryp.
4. Conclusion
Thus, the plaintiffs' claims are dismissed for all reasons.
Judges Kim Jong-tae (Presiding Judge)
1) DIC: Diseases that lead to the formation of blood cells or blood transfusions extensively due to various diseases and the activation of weather engines;
(B) in the form of an injection;