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(영문) 광주고등법원(전주) 2019.11.21 2018나12167

손해배상(의)

Text

1. Of the judgment of the court of first instance, the part against the Defendants is revoked, and the plaintiffs' claims corresponding thereto are all satisfied.

Reasons

1. Facts of recognition;

A. The parties’ relevant Defendant H is the representative doctor of K Hospital located in the J of Y in the Jeonsi-gu Seoul Special Metropolitan City (hereinafter “instant hospital”). Defendant I is a doctor affiliated with the instant hospital, who is in charge of the Plaintiff A’s operation.

Plaintiff

A is currently under medical rehabilitation treatment after undergoing surgery at the instant hospital. Plaintiff B’s wife and the rest of the Plaintiffs are Plaintiff A’s children.

B. Plaintiff A’s disease 1) around 2016, Plaintiff A initially visited the instant hospital on July 19, 2016, considering that water shielded in the sound wing, around 2016. (2) Defendant H recommended Plaintiff A to conduct a basic test necessary for climatic treatment while soliciting the Plaintiff to conduct an climatic recoping and recoping tissue tests. The date of the surgery was scheduled on July 27, 2016, and asked Plaintiff A questions about current diseases and drugs in progress.

3) Accordingly, Plaintiff A knew that there was no special disease, and that he was taking advantage of the surgery of this case. C. Plaintiff A was hospitalized in the instant hospital on July 27, 2016, and was subject to the Defendant I’s “Arrithical and pre-agrative tissue test.”

(2) On July 28, 2016, the day after the instant surgery, around 09:50, the Plaintiff’s right side part of the Plaintiff A was cut and the horses were divided into the horses, and there was for the first time the symptoms that the force on the left side part part and the bridge was lost. (3) Defendant H did not take any particular measure by determining that there is a possibility of temporary symptoms due to stress after the surgery, and ordered the guardian to proceed after a close inspection.

On July 28, 2016, around 14:39, the symptoms that the body of the Plaintiff A go beyond the left-hand side were observed again, Defendant H followed followed the Plaintiff’s A’s Madisis for brain MRI’s inspection. Defendant H is the negora of the adjacent La Hospital (former M Hospital; hereinafter referred to as the “Ma Hospital”).

(ii) the MI and the MA inspection are implemented, and at least 15:57 on the same day.