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(영문) 서울중앙지방법원 2021.03.24 2018가합565210

손해배상(의)

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties (1) Defendant Social Welfare Foundation E (hereinafter “Defendant Corporation”) is a social welfare foundation that operates H hospital located in Gangnam-gu Seoul Metropolitan Government G (hereinafter “Defendant Hospital”). The medical staff of the foregoing hospital is the employer of the foregoing hospital, and Defendant F is a doctor who provides medical treatment, such as surgery, to Plaintiff A as a medical specialist belonging to the Defendant Hospital.

(2) The plaintiff A (I) was hospitalized in the defendant hospital and received treatment such as surgery. The plaintiff B is the plaintiff's spouse, and the plaintiff C and D are the plaintiff's children.

나. 원고 A의 증상 발생 및 피고 병원 내원 등 (1) 원고 A은 2018. 1. 경 찌릿찌릿 한 느낌의 두피 이상 감각이 나타나 다 른 병원에서 MRI 검사를 받았는데, 위 검사 결과 원고 A에게 크기 34 × 15mm 의 좌측 소뇌 교각 부 수막 종이 발견되었다.

(2) Accordingly, on February 8, 2018, Plaintiff A provided medical treatment to the Defendant Hospital. The medical personnel of the Defendant Hospital requested Defendant F to provide the Plaintiff’s outpatient medical treatment on February 12, 2018 while conducting the RoI’s test on February 12, 2018.

(3) On February 20, 2018, Defendant F presented his opinion that there is a high possibility of cerebral mathy in the location of the above species, and that it is necessary to perform surgery due to any fatal risk, such as mathy or cerebral injury, etc., and the Plaintiff F hospitalized the Defendant Hospital on February 21, 2018.

(c)

(1) On February 26, 2018, Defendant F removed the Plaintiff’s above species on the opening and the left-hand brain lapsying operation. (2) On February 26, 2018, Defendant F performed the opening and the removal of the lapsy from the left-hand brain lapsy.

(2) After an operation to remove the left-hand brain le of Plaintiff A, Plaintiff A recovered food, sports, etc., but showed symptoms when time has passed.

Accordingly, on February 26, 2018, the medical personnel of the Defendant Hospital confirmed that the Plaintiff’s brain side seems to have shown a little side of the brain side of the Plaintiff A in light of tracking brain CT on around 21:46 on February 26, 2018, and brain CT on February 27, 2018.