Ullsan

2. Parental mother;

Changwon-si

[Judgment of the court below]

Ullsan

Law Firm Doz.

2. Each of the plaintiffs' remaining claims is dismissed.

3. Of the costs of lawsuit, 30% is borne by the Plaintiffs, and the remainder is borne by the Defendant, respectively. 4.1 can be provisionally executed.

A. Status of the parties

The Defendant is a doctor operating G in Ulsan-gu Medical Center (hereinafter “instant hospital”) and the deceased’s maximum damage (hereinafter “the deceased”) on December 13, 2017, who died after being on the surface of the water at the instant hospital on December 13, 2017, and was the deceased’s spouse and the Plaintiff’s mother is the deceased’s mother.

(b) Conducting a WIG safety inspection;

1) On November 16, 2016, the Deceased was performed by the Defendant from the Defendant to remove stuffs at the instant hospital, and was performed on December 13, 2017 to verify the progress after the removal surgery.

2) On December 13, 2017, the Deceased (referring to the time on December 13, 2017, when displaying only time) was conducted on December 13, 2017. In order to undergo the surgery, around 07:57, the Deceased: (a) measured blood pressure and blood transfusion from the main fact at around 08:05; and (b) moved to the inner diameter at around 08:05; (c) first, the Deceased 3ml and propool 5m in the surface of the water; and (d) the Defendant began 08:20 on the surface of the water.

3) First of all, while conducting a landscape test in the surface of the water register, the deceased lives, and the defendant made an additional note at around 08:25 and around 08:32 to ensure the safety of the examination, and the defendant made an additional note at around 3 meters of a propool. In the surface of the water in the surface of the water register, the strawing medication was discovered and carried out, and the strawing medication was completed at around 08:33, and the defendant entered the treatment room for rest.

4) After 08:40, the Defendant re-entered the inland border to the inland border in order to conduct the bat and the inland border in the baton. At around 08:42, the Defendant added a propool 5m and performed a baton border test over three minutes, and completed the baton border test around 08:45.

(c) Death of the Deceased in the recovery room after the examination.

1) From 08:50 to 08:50 after the completion of the WIG scopic test, the nurse nursing who belongs to the instant hospital was found to have been neglected in the recovery room from 09:30 to 10:15, and the deceased was found to have been left alone in the recovery room. At around 10:16, the deceased went to the recovery room, and the deceased was informed of the fact that scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics, heart scopic scopgings, and scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic s.

2) At the time of emergency medical services performed by emergency medical services workers, the state of consciousness is indicated as “U” (uncompactivity), “component”, and “uncomponent response” as “U” (uncomponent response) and “uncomponent response.” It is indicated that the emergency medical services worker’s evaluation column was in the state of beer and pulmonary condition

(d) Relevant medical knowledge;

1) Propool is currently being used as the most widely used dynamics, and is often used when a petition is needed in simple procedures, such as surgery of outpatient patients and internal and visual tests with a rapid and adverse effect after a petition. The probability of death resulting from the characteristics of the climatic system is relatively low due to the characteristics of the climatic system, but it is accepted that the risk of death may result in side effects such as respiratory suppression, etc., and may result in death. The appropriate capacity to induce anesthesia for healthy adults is 1.5 to 2.5§¯/km.

2) There are low blood pressure, respiratory suppression, etc. due to the side effects of propool. Since there is no path to propool, elderly patients need to reduce their dosages to 1/2 through 1/3, and the heart, respiratory machine, kidne or liver damage patients must be carefully administered. When conducting a cardiopolytic test by propool, doctors with an intent to have a professional knowledge of cardiopopulmonary resuscitation in a state with devices to maintain the climate level and to perform cardiopopulmonary resuscitation, and continuous surveillance of oxygen flow, blood pressure, and heart level should continue to be conducted during the test.

3) Before conducting an internal inspection of the water surface, written consent must be received, and the written consent must have the necessity and benefits of the prosecutor, the side effects of the petition administered to the inspector and the introductions of other prosecutors capable of coping with them, and must have the written consent of the inspector.

4) After the inspection, it is necessary to observe and monitor whether the patient’s consciousness is completely restored to his/her own gender condition. There must be a recovery room for monitoring recovery to their own gender condition, and equipment for monitoring the blood epidemiological indices should be equipped within the recovery room. They must be equipped with the equipment for monitoring the blood epidemiological indices. The epidemological index, such as the patient’s awareness and state, blood pressure and oxygen he/shedancy, and cardiopulmonary water, return to the implementation before the surface of the water and if the patient is able to safely leave the area.

5) On the other hand, it is true that it has little pain effect as a representative anesthesia of bendidine department with advantages, and that it can show a small amount of authenticity, and that it has a little impact on cardio-cerebral relationship compared to propool, and that it has a lot of recovery time compared to propool, and that there is no difference in the patient’s satisfaction after recovery. In recent years, in order to combine the advantages of propool and strokeradial, there are many cases where two authentic anesthesias are sick in the same way in order to combine the advantages of propo and strokera, and in this case, propool shall reduce dosages compared to the time of sole use (the normal administration shall be reduced by 20 to 25 per cent).

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 8, 10, and 14 (including serial numbers; hereinafter the same shall apply), the result of the appraisal commission to the Korea Medical Dispute Mediation and Arbitration Agency of this Court, significant facts in this Court, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Summary of the plaintiffs' assertion

① The Defendant did not fully explain the necessity of anesthesia prior to performing an internal and external test, the method of internal and external test without implementing anesthesia, the side effects of vulnerable items, etc., and ② in preparation for an accident that may occur in the course of administering vulnerable items, such as propool and strokes, the Defendant’s negligence, such as neglecting the Deceased for about 45 minutes even though the patient’s condition should be continuously observed in order to prepare for an accident that may occur in the course of administering vulnerable items, such as propool and strokes, thereby causing the death of the

B. Specific determination

1) Whether the duty of explanation is violated

In general, when a doctor performs a medical act that is likely to cause a bad result, such as an surgery, etc. to a patient, or perform a medical act that is anticipated to cause a death, etc., he/she is obligated to explain the symptoms of a disease, the treatment method and necessity, the anticipated risk of the occurrence, etc. to the patient concerned or his/her legal representative in light of the current medical level and to allow the patient concerned or his/her legal representative to choose whether to receive the medical act by sufficiently comparing the necessity or risk of the disease with the patient concerned, and the burden of proving the fulfillment of the duty to explain is on the side of the doctor (see, e.g., Supreme Court Decision 2005Da5867, May 31, 2007).

As seen earlier, it is difficult to recognize that the Defendant had a duty to explain the deceased's self-determination right to the deceased by clearly explaining the method and necessity of the anesthesia using vulnerable substances, its side effects, and the form of internal and external test and its side effects, etc. prior to an internal and external test of the body of the deceased prior to an internal and external test of the body of the deceased, and making it possible for the deceased to choose whether to conduct the internal and external test in any way by sufficiently comparing the necessity or risk of the internal and external test of the body of the deceased. The evidence and circumstances alone lack to establish that the Defendant specifically explained the above contents to the deceased, and there is no other evidence to acknowledge that the Defendant specifically explained the above contents, and prior to the internal and external test of the body of the body of the deceased, it seems that the deceased did not have been given an opportunity to undergo an internal and external test of the body of the deceased, or to receive an explanation on the condition of the body of the deceased.

2) Whether there was negligence by negligence on the part of the observation of progress

In full view of the following circumstances that can be recognized by comprehensively taking account of the facts admitted as above and the purport of the entire pleadings, the Defendant was negligent in neglecting his/her duty of care to observe the progress by the time the patient breaks down even after the completion of the examination at the surface of the water, and the proximate causal relation between the negligence of the Defendant who neglected to observe the above progress and the death of the deceased is sufficiently recognized.

In addition, according to the result of the appraisal commission with respect to the Korea Medical Dispute Mediation and Arbitration Agency, the death of the deceased was caused by the side effects (such as the suppression of cardio-cerebral relationship, the closure of the weather, and the suppression of re-pulmonary control) administered for the WIG, and further, there is a possibility that the deceased might have caused side effects of anesthesia, such as serious symptoms, heavy symptoms, inter-regional livers, and non-bruction, which are visible to the deceased. Accordingly, the Defendant could have sufficiently predicted that the side effects of anesthesia could have been significantly affected or operated on the deceased who was receiving the medical examination and treatment from the Defendant due to the fluoric disease.

A doctor of the Republic of Korea shall record in the medical record matters concerning medical treatment, such as the state of a patient and the progress of the medical treatment, and the opinion of his/her opinion in a continuous medical treatment of a patient, and provide other medical persons with adequate information to the extent sufficient to determine the propriety of the medical treatment after the completion of the medical treatment (see Supreme Court Decision 2006Da48465, Feb. 14, 2008). After the examination of the on-site and the examination of the cardiopulmonary function, he/she shall continue to observe the level of consciousness and cardiopulmonary function performed during the time of the recovery to the patients at the recovery stage after the completion of the procedure. However, the medical record prepared by the medical personnel of the instant hospital does not fully state the climatic symptoms of the deceased measured at the recovery stage after the completion of the procedure, and thus, the defendant cannot be deemed to have fulfilled his/her duty of care even after the completion of the examination of the

B. In addition, the medical personnel of the hospital of this case after the completion of the prosecutor’s examination shall be equipped with food condition, blood pressure, oxygen dose, and equipment capable of monitoring the heart of the deceased from 09:30 to 10:16, and the patient shall continuously observe the climatic condition until the patient finds the climatic condition. In most cases, the pulmonary suppressions and the pulmonary dumposiss can be resolved through the surveillance and appropriate treatment of the pulmonary resuscitation and cardiopulmonary dumposis. However, the medical personnel of the hospital of this case after the completion of the prosecutor’s examination, without observing the climatic dys of the deceased using the equipment, seems to have left the nurse nursing of the hospital of this case from 09:30 to 46 minutes after the division of the climatic dumpology of the deceased, without monitoring or observing the deceased’s climatic dys of the deceased. This is caused by leaving the deceased’s dump.

C. Limitation on liability

However, according to each of the above evidence, propool is a general anesthesia widely used in clinical process, and the amount administered by the defendant to the deceased is within the scope of safety capacity, and the inspection itself of this case was terminated without a large situation. As seen earlier, the occurrence of the accident of this case seems to have affected a large number of physical elements of the deceased.

Therefore, in light of the ideology of the damage compensation system, where the fair and reasonable apportionment of damages is the guiding principle, the defendant's liability ratio is limited to a certain scope, but it is reasonable to limit the defendant's responsibility to 80% in light of the above various circumstances.

3. Scope of liability for damages

In principle, the period of time for calculation below shall be calculated on a monthly basis, but the amount less than the last month and less than the won shall be discarded, and the current price shall be calculated at the time of the accident of the amount of damages by the simple discount method that deducts the interim interest at the rate of 5/12 per month.

(a) Actual income:

1) Date of birth and gender: Women of February 9, 1969

(ii) Age at the time of an accident: approximately 48 years of age and 10 months;

(iii) the term of lease: 38.75 years;

4) Occupation, income, and operating period: From December 13, 2017, which was the date of the instant accident, to February 8, 2034, the amount calculated by the ratio of KRW 109,819 per day, which is an urban daily wage, as sought by the Plaintiff, 1/3 of the lost income as living expenses shall be deducted from the amount calculated by the ratio of KRW 109,819 per day, which is the urban daily wage, from February 22, 2034

5) Calculation

【Real Income】

A person shall be appointed.

(b) Expenses for medical treatment;

The fact that the plaintiff Park Nam-nam disbursed 343,480 won is recognized.

(c) Funeral expenses.

Although the Plaintiffs asserted that funeral expenses were paid KRW 13,320,800,000, the portion paid in excess of KRW 5,000 is socially reasonable funeral expenses, and it is difficult to view that the portion falls under losses with proximate causal relation with the instant accident, and thus, funeral expenses related to the instant accident are recognized as KRW 5,00,000.

(d) Set-off of negligence;

1) The defendant's liability ratio

0.8

2) Loss of the deceased’s lost income

182,201,259 won (i.e., lost income 227,751,574 won x 80%)

3) Property damage to Plaintiff Park Nam-nam

4,274,784 won = ( Funeral expenses of KRW 5,00,000 + 343,480) x 80%)

(e) consolation money;

In light of all the circumstances shown in the arguments in the instant case, such as the background of the instant accident, the age and degree of negligence of the Deceased, the background leading up to the death, and the personal relations between the Deceased and the Defendants, etc., the deceased shall be determined as KRW 60,000,000, Plaintiff Park Nam-nam, and KRW 5,000,000,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 6 and 7, significant facts in this court, purport of the whole pleadings

(f) Inheritance relationship;

1) Plaintiff Park Nam-nam: 145,320,75 won (=242,201,259 won (=182,201,259 won + 60,000 won of consolation money + 60,000 won) x 0.6)

2) Plaintiff’s father-child: 96,880,503 won [=242,201,259 won [i.e., lost income of KRW 182,201,259 + 60,000 won of consolation money + 60,000 won of consolation money]; 0.4];

G. Sub-determination

Therefore, the defendant is obligated to pay to the plaintiff Park Nam-nam 159,595,539 won (i.e., 145,320,755 won in inheritance + property damage 4,274,784 won + 10,000,000 won + 101,880,503 won in inheritance + 503 won in inheritance + 5,000 won in inheritance + 5,000 won in inheritance + 5,000 won in inheritance) and damages for delay calculated at the annual rate of 12% in accordance with the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 13, 2017 to December 23, 2020, which is the date of the decision of this case where it is deemed reasonable to dispute the existence and scope of the defendant's obligation to perform the obligation.

4. Conclusion

Therefore, the plaintiffs' claim of this case against the defendant is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

Judges Sulraia

Judges Lee Dong-young