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(영문) 서울서부지방법원 2020.07.15 2018가단239663

손해배상(의)

Text

1. The Defendants jointly share KRW 5,000,000 to the Plaintiff and Defendant B with respect thereto from December 7, 2018, and Defendant C with respect to the Plaintiff on December 7, 2019.

Reasons

1. Basic facts

A. The Plaintiff, as a DNA, was suffering from diversic symptoms, received preservational treatment, such as injection and diversative treatment, etc. on or around October 2016, and caused her muck and bucker’s pains to the E Hospital operated by Defendant B (hereinafter “Defendant hospital”) on or around January 16, 2017. (b) around January 17, 2017, the Plaintiff received disc pressure from Defendant C under the diagnosis of 2-3 protruding signboards heat and escape symptoms (hereinafter “the primary operation”). From around April 2017, the Plaintiff again received hives from Defendant C and bucks, and again received hives from Defendant C’s hospital on or around May 12, 2017, she was found to have been under the influence of her hiversic and huckbs. (hereinafter “the primary operation”).

C. The Plaintiff received continuous rehabilitation treatment at Defendant hospital, F Hospital, G hospital, etc. after the second surgery, but was diagnosed as a disability with a labor capacity loss rate of 30.1% on the grounds of the climatic trend accompanied by the nephical ppuri disease certificate and other conical signboards disability, etc. around December 22, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 7 through 9, Gap evidence 10-1, 2, and Gap evidence 12, the purport of the whole pleadings

2. The Plaintiff’s assertion medical personnel of the Defendant Hospital committed the following medical negligence in providing the Plaintiff’s medical services. Since the Plaintiff’s right to self-determination was infringed, the Defendants should jointly compensate the Plaintiff for the damages incurred therefrom.

Since the error of the first operation led to a recurrence of diskss in a short period, and the second operation led to the occurrence of a sensacy or paralysis due to the negotisis, so long as the Defendants did not prove that there was no cause attributable to them, the negligence of the medical personnel of the Defendant hospital should be recognized.

B. At the time of the first operation.