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(영문) 부산고등법원 2016.05.12 2015나53261

손해배상(기)

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

A. In the process, the Defendants failed several times of failure, but can be lost due to other factors, not the negligence of the said Defendants, and the Defendants cannot be concluded to have performed a procedure beyond the reasonable scope of medical treatment on the ground that they failed in an urgent fashion in the process of performing an emercation of an institution under the malicious conditions, thereby causing damage to the organization of annual payments. Accordingly, it is justifiable to conclude that they performed a procedure beyond the reasonable scope of medical treatment. Moreover, there is insufficient evidence to acknowledge that there was medical malpractice on the part of the said Defendants.

In the fact-finding inquiry conducted in addition by this court, it is difficult to readily conclude whether there was negligence in actual clinical management (the National Science Investigation Institute) or the doctor in charge is difficult to determine the negligence.

(C) It was just a reply to the purport that the Korean movable property medical center was made.

* Medical Opinions

I. With respect to the implementation of insertings in the engine, the cases of wearings in the lag or in the lag may be divided into three parts, such as the lack of the operator’s skill, the patient’s side factors, and the lack of hospital facilities. In this case, the I Hospital appears to have satisfied the basic lag equipment management as a quasi-general hospital, and in ordinary training process, the I Hospital attempted to insertings in the engine by anesthesias and medical specialists with experience in insertings in the lag.

[No. 8-3 Medical Matters No. 8-3, No. 7 of the Medical Report (Korea Medical Association). In the case of the failure of an institutional insertion, both of the skilled anesthesia and the medical specialists, it is deemed that the physical factors of the deceased cannot be completely ruled out due to the institution insertion failure, even if there is no discovery of a special opinion on the body of the deceased in the autopsy, (B) medical records No. 14, or (B) medical records appraisal report (the Busan 0 Hospital affiliated to the Human University).