부당이득금
Of the judgment of the first instance, the part against the defendant shall be revoked.
The plaintiff's claim corresponding to the above cancellation is dismissed.
1. The reasoning for the judgment on the propriety of medical examination and prescription performed by the Plaintiff is as stated in the corresponding part of the judgment of the first instance, and thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Whether he/she violates his/her duty to explain and consent;
A. In general, a doctor is obligated to explain to a patient or his/her legal representative the symptoms of a disease, treatment method and necessity of treatment, anticipated risks of occurrence, etc. in light of the current medical level and to allow the patient to select whether or not he/she is subject to such medical practice by sufficiently comparing the necessity or risk of occurrence, and by sufficiently comparing the patient concerned with the necessity or risk of occurrence, in cases where he/she performs medical acts likely to cause bad result, or where he/she performs any medical act, the occurrence of which is anticipated to cause bad result, such as death, etc., unless there are special circumstances.
The above duty of explanation is not limited to an operation, and even if it takes place in all stages of medical treatment, such as examination, diagnosis, and treatment, a doctor is obliged to pay consolation money, etc. to a doctor for a violation of the duty of explanation. In the event of a serious result attributable to a patient by performing an operation without properly explaining the patient, if the doctor had explained the symptoms, treatment or diagnosis method of the disease before the act, the contents and necessity of the diagnosis method, and the risk likely to be caused by such act, etc., the doctor may choose whether the patient would receive the medical act by exercising his/her right of self-determination and avoid the occurrence of a serious result. However, even though the doctor did not explain, the mental suffering resulting from the loss of the opportunity.