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의료사고
(영문) 서울지법 1999. 2. 3. 선고 97가합7863 판결 : 항소심조정성립

[손해배상(의) ][하집1999-1, 220]

Main Issues

The case holding that a doctor's liability is recognized in a case where a serious patient who is likely to suffer from a sudden pulmonary difficulty due to the closure of an engine due to a sudden pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary A

Summary of Judgment

A doctor in charge of diagnosis and treatment of a victim, who is a patient suffering from severe pulmonary tuberculosis and acute pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary.

[Reference Provisions]

Article 750 of the Civil Act

Plaintiff

Shin-ok et al. (Attorneys Park Jae-young et al., Counsel for the plaintiff-appellant)

Defendant

Medical Corporation and one other (Attorneys Shin Jae-ho et al., Counsel for the defendant-appellant)

Text

1. The Defendants shall pay 50,039,980 won to each of the plaintiffs Shin-ok, 48,839,980 won to the plaintiff Hong-si, and 1,000,000 won to the plaintiff Shin-tae, and 5% per annum from February 20, 1996 to February 3, 1999, and 25% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims are all dismissed.

3. The costs of the lawsuit are divided into two parts, one of which is the plaintiffs, and the other is the defendants' own burden.

4. Paragraph 1 can be provisionally executed.

Purport of claim

The Defendants jointly and severally pay to the Plaintiff Shin-ok an amount of KRW 100,986,685, KRW 97,986,685, KRW 685, and KRW 6,000, and each of the above amounts, from February 20, 1996 to the date of delivery of a copy of the complaint of this case, to the date of delivery of the copy of the complaint of this case, and KRW 25 percent per annum from the next day to the date of full payment.

Reasons

1. Basic facts

The following facts are either disputed between the parties, or there is no dispute between the parties, or based on Gap evidence 1, Gap evidence 2-1, 2-3, Gap evidence 8-8, 10 (part), 11 through 15, Gap evidence 9-1 (part), 2, 5, 6 (part), 7, 9, 11, 13, Eul evidence 1-1 through 13, Eul evidence 1-3 (part), and the whole purport of arguments as to the result of the party members' request for the appraisal of medical records for the head of the medical school, the result of the members' inquiry of the new village table hospital attached to the new village table of the National Medical Compensation Center and the result of the inquiry of the fact to the head of the Korean Medical Compensation Center, and the provisions of evidence No. 8-2 of the evidence No. 8-2 shall not interfere with the above recognition, and there is no counter-proof otherwise.

A. The non-party new delay (hereinafter referred to as the "non-party new delay") is a deceased person who was hospitalized at the (name omitted) hospital operated by the Sungsung Medical Foundation (hereinafter referred to as the "Defendant Corporation") (hereinafter referred to as the "Defendant Hospital") by the defendant 2, a medical specialist, during the hospital treatment for pulmonary tuberculosis and pulmonary pulmonary tuberculosis, and the plaintiff's parent, the plaintiff's new kin, and the plaintiff's new kin, the plaintiff's new kin, and the new kin.

B. On January 11, 1996 and the 13th of the same month, the non-party, who was receiving medical treatment from the gymnasium from the gymnasium near the house on the ground of symptoms that she had a heat generated from the invasion and the weather, but did not have any particular roadway on February 14 of the same year, the non-party was recommended to undergo a medical examination again at the above gymnasium as soon as the gymnasium was suspected of pulmonary collection from the above gymnasium, and the non-party 2, the head of the internal department, as the result of the above gymnasium's diagnosis and gymnasium to the defendant hospital on the same day. The non-party's gymnasium gymnasium gymosis and gymnasium gymnasium gym, and the non-party's gymnasium.

C. From the same day, Defendant 2 instructed the Nonparty to check the Nonparty’s state and active cryp for the treatment of tuberculosis, etc., Defendant 2: (a) 300 Khhh; (b) 600 Kympin (Ethambutol); (c) 800m of antibiotics (Peflxacin) and 900m of antibiotics (Ampicin) to administer pulmonary crypin every six hours; and (d) from around the 16th day of the same month, Defendant 2 instructed the nurses of the Defendant hospital to check the Nonparty’s condition and active cryp, etc.; (e) crypin; (e) crypin (Ethambutol); (e) 800m of crypin; and (e) cryp influscin (Amicin); and (e) cryp in the same month.

D. Although Defendant 2 could not directly examine the Nonparty for the three-day period from the 18th to the 20th of the same month, he could not direct or take particular measures in relation to the nursing of the Nonparty during the period of the Gu administration’s annual holiday period. Nonparty 1 (the Nonparty 2 was in charge of temporary treatment of the Nonparty during the period of the Defendant hospital’s dispatch at the Defendant hospital under the direction and supervision of Defendant 2) who is a major in the internal department, was also in charge of the Nonparty’s diagnosis on the 19:00 of the same month, and the overall condition was extremely inactive, but the blood pressure was measured with 110/70mm and the pulmonary condition was judged to have no other special problems, and the Nonparty’s nursing was not instructed to the nurse in charge of the Nonparty’s nursing.

E. Meanwhile, since the Nonparty’s nurse at the Defendant hospital was hospitalized at the Defendant hospital, he did not appear to have a witness to view TV that was kept in the hospital at night. Nonparty 2, the nurse, from around 02:00 on the 20th of the same month, she heard that the amount of a bowling residence (the amount which combines 0.5 amplium with 0.5 amplium to the Non-Party) during injection to the Non-Party, was not properly injected into the Non-Party’s body, after visiting the hospital, visited the hospital to replace the head of the Non-Party, and then took measures to normally inject the said injection in the body of the Non-Party during the time, and Nonparty 3, the nurse, from around 03:00 on the same day, made the Non-Party 1, who was a nurse, to have been in the hospital at around 03:0 on the same day.

바. 소외 2는 같은 날 05:00경 소외인의 활력징후를 확인하고자 병실에 들러 소외인을 깨웠으나 아무런 반응이 없어 소외인을 살핀 결과 안색이 창백하고 입술은 파랗게 변한 채 호흡과 맥박이 잡히지 않는 것을 발견하고 급히 당직의사들을 호출하였는바, 당시 피고 병원 당직의였던 소외 박재완, 국진환, 김동일은 소외인에 대하여 기관내 삽관을 실시한 후 산소를 공급하고 심박동을 소생시키기 위하여 에피네프린, 비본, 도파민, 아트로핀 등의 혈압상승제를 투여하는 외에 전기충격기로 응급심폐소생술을 실시하였으나 혈압과 맥박 및 호흡이 전혀 확인되지 아니하자 같은 날 07:00경 사망을 선언하였다.

사. 소외인의 사망 이후 부검은 실시되지 아니하였지만 피고 2는 소외인의 사망원인을 중증 폐결핵의 합병증인 급성폐렴으로 인하여 발생한 점액괴사성 폐조직편, 농, 핏덩어리, 기타 분비물 등이 갑자기 기도를 폐쇄한 결과 급성호흡부전으로 인한 것으로 판단하였다.

H. Since there is a high possibility of fatal damage to a patient with severe pulmonary tuberculosis when the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary A

2. Determination:

(a) Occurrence of liability for damages;

(1) 위 인정 사실에 의하면 소외인에게 중증 폐결핵 및 이로 인한 급성 폐렴 이외에 달리 사망의 원인이 될 만한 특별한 사정이 존재하였음을 인정할 만한 아무런 자료가 없는 이상 소외인의 증상 및 사망에 이르기까지의 경과에 비추어 볼 때 소외인은 위와 같은 질환으로 인한 점액괴사성 폐조직편, 농, 핏덩어리, 기타 분비물 등이 갑자기 기도를 폐쇄한 결과 발생한 급성호흡부전으로 사망에 이르렀다고 추정된다.

(2) However, Defendant 2, who was in charge of the diagnosis and treatment of the Nonparty, was hospitalized in a very weak condition as a patient with heavy pulmonary tuberculosis and acute pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary.

(3) Therefore, Defendant 2 is liable to compensate for all damages suffered by the Nonparty and the Plaintiffs in his family relation with the Nonparty, respectively, as the employer of Defendant 2, inasmuch as the Nonparty did not prove that the result of the Nonparty’s death of the pulmonary distress caused by pulmonary tuberculosis and acute pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary

B. Limitation on liability

However, although the non-party's disease of pulmonary tuberculosis and acute pulmonary pulmonary Elimination was higher than that of the past, it cannot be ruled out that there was a risk that fatal results may occur depending on the patient's condition even if the medical treatment rate was high due to the development of psychotropic tuberculosis and antibiotics with much efficacy compared to that of the past. Thus, the non-party neglected his duty of care to overcome the risk of pulmonary tuberculosis and pulmonary pulmonary Elimination and to recover as soon as possible by taking advantage of the situation of the patient's situation and by stabilizing it as much as possible at the defendant hospital, but he neglected his duty of care to care to overcome the risk of pulmonary pulmonary tuberculosis and pulmonary pulmonary Elimination and to view TV for late time. Furthermore, even if the nurse in charge of the non-party's nursing care was found more early to take emergency measures after finding the non-party's pulmonary pulmonary difficulty, it can not be confirmed that the non-party might necessarily avoid the death due to pulmonary 1 of middle school (the 10).

Therefore, considering the above circumstances, such as the Nonparty’s symptoms and negligence, etc., when calculating the amount of damages that the Defendants should compensate for, it is consistent with the ideology of the damage compensation system that provides the fair and reasonable apportionment of damages as the guiding principle. The ratio is reasonable to determine 40% in light of the above facts.

3. Scope of liability for damages

A. Loss from actual import of the Nonparty

The Non-Party’s actual import loss incurred by the instant accident is KRW 119,46,603, calculated at the present price at the time of the instant accident, based on the following facts and assessment based on the rate of 5/12 per month at the rate of 5/12 per annum as follows:

(1) Facts of recognition and evaluation

(a) Gender categories: Female;

Date of birth: July 1, 1980

Age (as of the date of death): 15 years of age and 7 years of age;

Name of rental: 61.91

(b) Residential rights: City;

(C) Actual income status: A daily unit wage for an ordinary worker engaged in daily work, which is 34,947 won around September 196.

(d)Operation period and operating days (if less than a month, less than a month);

From July 1, 200 to July 1, 2040 when the non-party becomes an adult, the 22th day of July of 2040 when he/she reaches 60 years of age.

(e) Cost of living: 1/3 of income;

[Evidence] In the absence of dispute, Gap evidence 1, 2, Gap evidence 6, and 7-1, 2-2, and the whole purport of oral argument

(2) mountain mountain (if the forest is less than Won, less than Won; hereinafter the same shall apply)

Gold 34,947 won ¡¿ 22 】2 】 (280.0587-46.9786) =19,46,603 won

(b) Funeral expenses.

Plaintiff Shin-ok: An expenditure of KRW 2,000,000 (the fact that there is no dispute)

C. Limitation on liability

(1) The scope of the defendant's liability: 60% (see the above '2-b).

(2) mountain.

The Non-Party’s actual import damage amounting to KRW 119,46,603 x 60% = gold 71,679,961

Funeral expenses 2,00,000 won x 60% x 1,200,000 won for funeral expenses damages on the Plaintiff’s New Sports

(d) Condolence money;

(1) Grounds for consideration: The age, family relationship, the background and result of the instant accident, and other various circumstances shown in the pleadings of the instant case.

(2) The amount determined;

Non-Party: 18,000,000 won

Plaintiff Shin-ok, Hongk-si: 4,000,000 won, respectively.

Plaintiff Shin Jong-sung: 1,000,000 won

(e) Inheritance relationship;

(1) Non-party’s property heir: Plaintiff’s Shin-ok, Hong kin (see the above Section 1-A(3))

(2) Amount of inherited property

J. 89,679,961 won (h. 71,679,961 won + 18,000,000 won in bulk data)

(c)the amount of inheritance;

Plaintiff Shin-ok and Hong-si: each gold 44,839,980 won (gold 89,679,961 won x 1/2)

3. Conclusion

Therefore, the defendants are entitled to pay 50,039,980 won in total to each plaintiff's Shin-ok (44,839,980 won in inheritance + 4,200,000 won in funeral expenses + 1,200,000 won in funeral expenses) and 48,839,980 won in total to the plaintiff Hong-si (44,839,980 won in inheritance + 44,839,980 won in inheritance + 4,000 won in consolation money + 4,000,000 won in consolation money, and 1,000,000 won in succession to the plaintiff Shin-sik, the non-party's death on February 20, 1996, which is deemed reasonable to claim damages from the following day to the extent of its duty to pay damages for delay within the scope of 5% per annum per annum per annum per annum per annum per annum per annum per annum.

Judges Park Yong-ran (Presiding Judge)