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(영문) 서울고등법원 2015.12.03 2014나2014380

손해배상(의)

Text

The judgment of the first instance court, including the plaintiffs' claims that have been reduced in the trial, is modified as follows.

The defendants are the defendants.

Reasons

Basic Facts

The parties concerned Plaintiff B are the husband of Plaintiff B and the father of Plaintiff A in the G Hospital located in Gangseo-gu Seoul Metropolitan Government I (hereinafter “Defendant Hospital”), which is operated by Defendant E, and Plaintiff C is the husband of Plaintiff B and the father of Plaintiff A.

Defendant D is a doctor who takes charge of the mountain diagnosis and division chief of the Defendant Hospital B.

On September 6, 2012, Plaintiff B, at the Defendant Hospital, was subject to a pre-examination under the pregnancy diagnosis at HH Hospital located in Gyeyang-gu Incheon. On September 13, 2012, at around 12:05, Plaintiff B, at the Defendant Hospital, explained that the result of the pre-examination (VDL), which is one of the pre-examination’s nursing assistants, was confirmed, and provided an explanation that it would result in a pre-examination after consultation. However, on September 22, 2012, Plaintiff B, who was home at the above hospital, was to move to the hospital and to move to the hospital without undergoing an additional examination. Around September 13, 2012, Plaintiff B copied the medical record and examination result without undergoing an additional examination.

Plaintiff

B At the time, the fetus (which was born to A; hereinafter referred to as the “Plaintiff A”) was born to the Defendant Hospital on the same day and was treated by Defendant D. At the time, the fetus was 6 weeks of pregnancy, and any other symptoms were not found.

Since then, Plaintiff B continued to have received a field medical examination at Defendant Hospital, including October 13, 2012, October 22, 2012, and November 7, 2012. During that process, on March 5, 2013, which is the first instance-frequency test conducted by Defendant Hospital, the type of water (including approximately 0.27 cm) was confirmed on both sides of Plaintiff A, and on March 21, 2013, which is the second day of pregnancy 34 weeks, Plaintiff A’s left-hand back-hand back-hand back-hand back was lost, and there was a view that the type of water remains only on the right-hand back-hand back.

Accordingly, on March 21, 2013, Defendant D explained to the Plaintiff B about the possibility that the Plaintiff was divingd (at the situation where the previous high return was not completely cut back by a back-to-date).

Plaintiff

B 35 parking.