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(영문) 수원지방법원 2019.07.11 2017가단533866

손해배상(의)

Text

1. The Defendant: KRW 947,106 to the Plaintiff (Appointed Party); KRW 8 million to the Appointed C; KRW 5 million to the Appointed Party D and E, respectively.

Reasons

I. The relevant legal principles have a duty of care to take the best measures required to prevent risks depending on the patient’s specific symptoms or circumstances in light of the patient’s nature of duties to manage the patient’s life and body, and such duty of care is based on the level of medical practice performed in the clinical medical field, such as a medical institution at the time of the medical practice. Since the level of medical care refers to the so-called medical awareness generally known and recognized at the time of the medical practice, considering the environment and conditions of the medical practice, the unique characteristics of the medical practice, etc., the normative level should be identified. Furthermore, diagnosis is an important medical practice that is selected by the Medical Treatment Act, including identifying whether the disease is disease or not, depending on the outcome of the diagnosis, the diagnosis’s identification of the type, character, and degree of progress, and thus, it is an important medical practice that is selected by the Medical Treatment Act. Thus, even if it is impossible to conduct the complete clinical diagnosis without fault in the process, it should be determined within the level of diagnosis required by the doctor as a professional in the clinical medical field, even if it is impossible.

(2) The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, except for macro-Evidence. (See Supreme Court Decision 2000Da41776 delivered on August 23, 2002, etc.). Ⅱ. The progress of the case and the following facts are recognized as the purport of the pleading.

1. Defendant A medical corporation establishes and operates a medical institution in the name of “F hospital” (hereinafter “Defendant hospital”).