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(영문) 서울동부지방법원 2020.04.23 2018가단118580

손해배상(의)

Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On April 1, 2018, the deceased A (hereinafter referred to as “the deceased”) suffered from the injury to the left-hand aggregate of the trees, which was laid down on a tree, and was hospitalized in the F Hospital operated by the Defendant (hereinafter “Defendant Hospital”).

B. Around 14:00 on April 2, 2018, the medical personnel of the Defendant Hospital performed cardiopulmonary resuscitation and antipulmonary surgery (hereinafter “the instant surgery”). During the operation of the instant surgery, the Deceased complained of symptoms, such as difficulty and answers, apprehensions, etc., during the surgery, the Deceased complained of the breathy, and the breathy was added to the breathy in the event of the heart suspension at around 15:23. From around 15:27, the medical personnel of the Defendant Hospital supplied the oxygen by inserting the oxygen. From around 15:27, the medical personnel performed cardiopulmonary resuscitation, such as inserting the breathy in the engine, three-time administration in the ENfinine, and one-time administration in the Arabic pinine, and when the Deceased’s 16:10 pulse cycle was recovered, the deceased’s self-convergy was transferred to GD Hospital.

C. At the time of arrival at G Hospital, the Deceased was the average blood pressure of 40m Hg and the state of food was an anti-congested condition. The Deceased was diagnosed as “low oxygen brain damage and pulmonary pulmonary acid” to a considerable extent as a result of blood test and brain matology test.

The Deceased died on June 22, 2019 while receiving preserved treatment in H hospitals, I convalescent hospitals, etc., in the state of consciousness low-carbon brain damage and sacratium expenses.

Plaintiff

B The deceased's spouse, the plaintiff C, and D are children of the deceased.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5 and 16, the result of the commission of physical appraisal to the chief of the J Hospital in this Court, the purport of the whole pleadings

2. The assertion and judgment

A. 1) Whether the deceased violated the duty of preliminary inspection before the surgery 1) At the time of the instant surgery, the deceased's chronic closed-pulmonary disease is called COPD.

In the case of COPD patients, the medical professionals of the defendant hospital have high risk of occurrence of pulmonary complication after the surgery. Therefore, the medical professionals of the defendant hospital are outside of the pulmonary function test before the surgery.