beta
(영문) 서울고등법원 2019.12.12 2018나2013767

손해배상(의)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasons for this part of the facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except where the court’s reasoning is that “the result of the commission of physical examination to the head of the F Hospital of this Court” in Section 8 of Article 14 of the first instance judgment is “the result of the commission of physical examination to the head of the F Hospital of the court of first instance and the result of the commission of physical examination to the head of the F Hospital of the court of first instance”

2. Occurrence of liability for damages;

가. 책임의 근거 1) 의료상 과실 인정 여부 가) 이 사건 수술상의 과실 ⑴ 원고의 주장 요지 피고 병원 의료진은 이 사건 수술의 시행 과정에서 머리받침대와 원고의 두부를 단단히 고정하는 등 안구 보호 장치를 제대로 거치하고, 원고로 하여금 적절한 복와위 자세를 취하도록 하며, 수술 도중에 틈틈이 손가락이나 거울 등을 통해 안구 압박 여부를 확인하였어야 함에도, 이를 위반하여 원고의 안구가 지나치게 압박되도록 함으로써 이 사건 후유증을 발생시켰다.

In addition to the above basic facts, in full view of the following circumstances, the aforementioned evidence, the Seoul National University Hospital head of the first instance court, and the president of the G Association: (a) the results of the request for the examination of the medical records to the director of the Seoul National University Hospital and the director of the G Association; and (b) the results of the request for the examination of the medical records to the director of the Seoul National University Hospital at this court; and (c) the overall purport of the arguments, the medical staff of the Defendant Hospital, in the course of performing the instant operation, shall have the Plaintiff take an appropriate clothes and attitude in order to prevent any resistant pressure and corrosion caused by the rise of central tension pressure in the process of performing the instant operation; and (d) monitor whether the location change and the pressure of the inside and outside of the two parts due to the operation operation, and observe the state closely. However,

(hereinafter “the instant medical malpractice”). (1)