Gwangju

2. Kim* (75 - 2)

United States of America

3 . 김▲▲ ( 76 - 1 )

Seoul

[Judgment of the court below]

Attorney Kang Jin-jin

Seoul

Representative President 00

Law Firm Ro-ro, Ro-ro, Counsel for defendant

Attorney Kim Jong-hee, Counsel for the plaintiff-appellant

2. The costs of lawsuit are assessed against the plaintiffs.

B from December 12, 2011 to the service date of a copy of the complaint of this case from December 12, 2011, 5% per annum, and from the following day:

C. By the day of full payment, 20% interest per annum shall be paid in 20% interest per annum.

(a) A party relationship;

The Defendant’s University C Hospital (hereinafter referred to as “the Deceased”) is operated by the Defendant

A person who was hospitalized in a hospital (hereinafter referred to as the " hospital") and died in the treatment process of acute mathal leukosis, and the plaintiff Kim

00은 망인의 배우자 , 원고 김 * * , 김▲▲는 망인의 자녀이다 .

(b) Diagnosis of leukosiss;

(1) The deceased shows symptoms, such as satise, satise, satise, satise, satise, etc. on October 201, 201.

around 9: 19:08, the deceased was placed in the emergency room of the Defendant hospital. As a result of the inspection of the deceased, the deceased was born from the mouth diverseoculum.

There was a white blood 4,200 /m (the normal scope is from 4,00 up to 10,000 up to m) , blood 6.5g/dl ( normal crime).

The above 12~16g/ Dl), the blood plate number 6,00, 00 /mmm (the normal scope is 140, 000 to 45,000, 000

/ The blood cancer was doubtful by mmm. Accordingly, the medical personnel at the Defendant hospital is for the prevention, etc. of blood transfusions of the deceased.

In addition, with respect to the deceased, the blood plate was invested in 2 units and 12 units with concentration. In addition, with respect to the deceased.

X - The date of implementation, ray photographing and chest CT shooting, and plesing on both sides of the closed body and the right side of the closed body;

The number of votes was confirmed.

(2) Medical professionals at Defendant Hospital shall have the crypology of horse blood taken from the deceased’s blood on October 10, 201.

As a result of the observation of the shape of terminal blood in the company, M3 type, a kind of acute dystyposis (pyspheroid dysphere)

In addition, it is suspected that it is a sexual leuk blood disease; hereinafter referred to as the "pulmic leuk blood disease").

As a result of the blood test conducted by the deceased, pulnogen (fibrigen, textile source 1) numerical value 1) 160g/Dl

(The normal scope is between 180 x 350 g/D) and D - D 2) 1,575W/D (The normal scope is between 0 and 263W/

dl) The Defendant Hospital’s medical team was measured respectively. Accordingly, the Defendant Hospital’s medical team may somewhat decline the tendency of blood transfusion to the Deceased.

ATRA (all - Transferretino - Acid), which is a drug of the Department, administered Veneno (Vana).

(c)

C. Execution of the instant procedure

(1) On October 11, 201, the deceased’s blood test results consisting of 32 blood plate number, 000 /mm, 7.9g/dl, fluence 7.9g, fluor.

The number of medical professionals at Defendant Hospital measured 142 g/ dl respectively. Medical professionals at Defendant Hospital are the body of the deceased.

As a result of the inspection, it is confirmed that it is a acute dystrophy disease, and is inserted into a central becer for the treatment thereof.

( 이하 ' 이 사건 시술 ' 이라 한다 ) 을 하기로 치료계획을 세우고 원고 김▲▲에게 망인의

Conditions, risks that may be caused by injury or disease, side effects of treatment, expected after treatment

I explained about the division, etc.

(2) On October 16, 201, the doctors belonging to the Defendant Hospital shall be on the right side of the Deceased at around 00:

Although the deceased attempted to be inserted into a central beer after the anesthesia, the deceased complained of the pain and administered a medical control.

Afterward, another doctor belonging to the defendant hospital was administered.

(3) The medical staff at the Defendant Hospital complained of the pain on the part of the treatment immediately after the treatment by the Deceased, and controls the pain.

Femblings made on October 17, 201, and on October 17, 201: 43, chest X - ray taken on October 9, 201, as a result of the ray taken

In contrast to the division, the closure part of the closed field has been serious compared to the division, and the leakage of the right cage has become serious.

However, it is judged that there was no merger certificate due to the inserting of central beer, and the administration of anti-pocks

the beginning of this section.

D. Situation after the instant procedure

(1) On October 12, 201, the deceased increased weight from 56 km to 58 km on October 12, 201, and the same weight was the same.

As a result of the ray test on the Deceased X - The ray test increased the volume of the closed body and the right pley water on the deceased.

J. As a result of blood tests, skin hahalog 121mg/ dl, D-dier 2,215g/ dl. Blood plate

The number of 51, 000 /mm, 13.7 second, and TPP 25 6 seconds3) were measured respectively, and the oxygen intensity was 94%.

Medical professionals in the Defendant Hospital administered urology, and performed the therapy of oxygen inhaled treatment. The above treatment was conducted.

15 on the same day after 15: May test results, the chest X of the deceased taken at approximately 00 ; May test results

was made.

(2) The medical team at Defendant Hospital’s hospital’s hospital’s medical team at around 00, 201, when the Deceased complained of the respiratory distress around 00:

The extended and urology therapy and oxygen inhaled therapy were conducted, and 7:00 on the same day:00 on 35:00

A plesycheon was carried out for the purpose of checking and improving the respiratory distress. The implementation decision of the above plesycheon

Monobs containing a large quantity of blood (blood plessis) was observed, and 9:00 on the same day, ples to the Deceased.

As a result of the Non- CT shooting, the type of the pulmonary body and the increased negative opinion were observed. After that, the medical personnel of the Defendant Hospital was thereafter observed.

2,500C 2,500cc c through chests, by enforcing chests inserted and inserted inside the institution, and farmers;

He administered the red blood cells, blood cells, and dynamics.

(3) On October 13, 2011, the medical personnel of the Defendant Hospital continued to do a scarcity operation at around 30, 201.

In addition, he/she made the blood transfusion on the part of his/her blood and removed the blood species.

E. Death of the deceased.

(1) The medical personnel of the Defendant Hospital has caused the death’s marry and pulmonary marry, and the death’s marry is not recovered.

On November 15, 2011, the Ministry of Health and Welfare provided treatment, such as the implementation of the scarcity, and the implementation of the scarcity.

(2) On December 12, 201, the Deceased died on December 10, 201, and on April 40, 201, the preceding officer’s death, and the first officer’s death on a acute brudal leuk blood disease;

The intermediate winner was a middle line with pneocy, and the direct death was a brupt with acute respiratory disorder.

(f) The relevant medical knowledge is as listed in the separate sheet;

[Ground for Recognition] Unsatisfy, Gap evidence Nos. 1 through 8, 13, 16, Eul evidence No. 1, and this Act

The results of each request for the examination of medical records to the head of the S University Seoul Hospital of the Gu and the purport of the entire pleadings.

2. Whether the defendant is liable for damages

A. Whether there was negligence in the instant procedure

(1) The plaintiffs' assertion

From the date of the instant treatment with respect to the Deceased, there is a plepletable opinion on the side of the part of the procedure;

The symptoms, such as pains, respiratory difficulties, etc., are observed and the lungs of the lungs are worse, and the foregoing combined certificates are the same.

When the correct procedures have been conducted, it is difficult to occur, and the central beer inserting operations

Due to the insertion of a merged witness and the inserting of a central beer kerter, which occurs due to the prior knowledge of the doctor;

A large number of chests on one side shall be located in a abnormal large bloodline, after they are located in such a place.

Modern trees caused by the male of the bloodline generated by inserting a large quantity of the water by all treatment for administration;

that may be created, and that the blood transfusion was generated on the part of the procedure after the instant procedure

The medical personnel of the Defendant Hospital, in the course of the instant medical treatment, who is in the vicinity of the place of the treatment;

Influences directly damaged the deceased's bloodline or inserting the Katheter by violating his/her duty of care not to win the deceased.

In this regard, the deceased died due to the negligence of inserting the blood pipe by inserting them into the bloodline.

(2) Determination:

Generally, medical practice is a field that requires highly specialized knowledge, and the process of such medical practice is large.

In the case of a meeting, only the doctor may be aware of the patient himself/herself or his/her guardian in addition to the part thereof.

as a public person, not an expert doctor, is negligent in medical practice by a doctor.

of this case, the fact that there is a proximate causal relationship between the negligence and the testamentary gift is medically perfected;

The patient is very difficult to say that the patient is subject to legacy in the course of medical practice.

Medical departments based on the ordinary common sense, which are low in the course of a series of medical practices by the side;

The other reason exists between a series of medical practices and a patient's postary gift.

If it is proved that it is not possible to open the medical treatment, the side who performed the medical treatment shall be the patient's post-treatment.

failure to prove that the cause was based on another cause, not due to negligence in such manner;

A patient is presumed to have suffered a legacy due to medical negligence and is held liable for damages.

If the burden of proof is mitigated so that the damage is based on the guiding principle that the equitable and reasonable burden of proof can be imposed.

It would be consistent with the ideology of the compensation system (Supreme Court Decision 97Da56181 Decided April 10, 1998).

§ 5).

However, even in this case, it is possible to estimate the occurrence of the result due to the doctor's negligence.

(1) the doctor's negligence and causation with the result of the brushing of the circumstances which are not secured by

as a result, it is allowed for the doctor to bear the burden of proof of negligence.

(see Supreme Court Decision 2002Da45185 delivered on October 28, 2004) and a series of medical practices

The existence of medical malpractices based on general public's common sense is proved by the patient's side.

in the medical process, unless the error of breach of the duty of care can not be found in the medical process.

The claim shall be rejected (see Supreme Court Decision 2001Da20127 delivered on November 27, 2003).

In addition, the level of medical care at the time of the disability in the event of the aftermath disability caused by medical practice.

(2) If the best measure is taken, the merger of the medical practice process in question may arise.

or if the merger is likely to result in a secondary occurrence, medical practice

(1) The details and procedures of the proceedings, the volume and degree of the occurrence of a merged certificate, the level of medical care at the time, and the medical personnel in charge;

in full addition, the symptoms exceed the scope of a generally accepted merger certificate;

Unless there are circumstances that can be seen as having been committed, medical treatment is provided solely on the fact that there was a disability after the occurrence of such disability.

cannot be presumed to have been negligent in the course of conduct (Supreme Court Decision 2007Da76290 Decided March 27, 2008)

see Supreme Court Decision).

As soon as the deceased has received the instant treatment, there is a chest on the right side adjacent to the part of the treatment.

In full view of the fact that the instant procedure is likely to result in breast-feeding, the instant case

As a result, the possibility of having a scarcityed to the deceased cannot be ruled out completely.

However, in addition to the above basic facts, evidence Gap No. 10, Eul No. 2

Each entry in each subparagraph of paragraph (1) shall include the following circumstances that are considered to have comprehensively taken into account the overall intent of the pleading:

① In other words, the Deceased appeared in the condition that DIC was accompanied by acute dIC disease prior to the instant procedure.

[The plaintiffs are obligated to diagnose and treat the deceased before the instant procedure.]

Although there is no record, the medical personnel of the defendant hospital did not dispute that there is no record, but on October 201, the medical personnel of the defendant hospital before the instant medical procedure.

10. DIC is administered to the Deceased, with the effect of preventing and treating the deceased.

According to the results of the inspection conducted on October 11, 201 and on the 12th of the same month, the Ebrologian value decrease;

D - In light of the fact that DIC is proceeding due to the increase of Dr value, etc.

- The deceased may be found to have occurred before the instant procedure, and the chain bed.

3. The clopic surface appearing in the Katheter insertion shall be the response disorder by DIC at the upper part of the skin of the skin.

They appear to have occurred from blood scopic scopic scopic scopic scopic scopics of the deceased

There is no direct evidence that the deceased was generated, while the clinical condition of the deceased at the time (or the acute dystrokeum);

Considering that blood disease, DIC) is likely to have a high possibility of suffering from the patient's serum tendency.

It shall not be less than three times, three times, three times, or more, the right bed bed and the relative bed in the opening of a chest operation recorded on October 13, 201.

record that there was no such a record and that there was a observation that blood has been emitted from the chests by DIC.

(4) If there is a scopic beer for inserting scopher, the deceased’s prize at the time when there was a scopic beer for inserting scopher

Considering the attitude, blood transfusion is highly likely to rapidly proceed, and the reaction to urology is also a blood urgical hand.

In the case of blood transfusion by blood on the surface, there is a high possibility that the deceased did not respond, but the deceased administered urology.

5 X - ray photographing and pleassing, which was conducted before the instant treatment;

CT shooting results show that the scarvings and scarvings on both sides of the waste are confirmed.

The defendant hospital solely based on the fact that a chest has occurred on the right side, which is the side of the deceased's treatment.

D. Violation of the duty of care to avoid damaging the blood transfusions, etc. surrounding the part of the procedure at the time of the instant procedure

and there is no other evidence to prove that the plaintiffs had been presumed to have made. Accordingly, this part of the plaintiffs is therefore without merit.

The argument is without merit.

(b) Whether there exists any negligence in the delay of treatment;

(1) The plaintiffs' assertion

The Plaintiffs: (a) on October 11, 201, 201, the medical personnel of the Defendant Hospital, after the instant medical treatment; (b) on October 17, 201: 43 chests.

X - If, as a result of the ray test, there is a view that both sides of the waste are worse along with the right pley, the volume shall be immediately left.

After a diagnosis is made by checking the chest and quantity of chest trees through the implementation of a scarcity, chest CT, etc. in a extreme manner;

If the applicant is not effective, he/she shall be fluored by sealing and fluor, and if there is no effect, he/she shall be fluor

(2) Although it is necessary to stop the blood transfusion and to perform the operation and blood transfusion to remove stuffs.

The ples of this case must reach about 38 hours after the opinion was taken, and around 13, 201 October 7, 201:35.

11th day of the same day: He/she shall administer a cT photograph and verify the occurrence of a blood plesy in the light of 10th day.

It argues that there is negligence of delaying treatment.

(2) Determination

In the case of a doctor, the conditions of the patient, the current level of medical care, and the person himself, when giving medical treatment.

reasonable scope of discretion to choose the method of treatment that it considers appropriate according to its knowledge and experience;

be deemed to have the result of the examination and treatment, unless it exceeds the reasonable scope.

any of them shall not be deemed to have been due and negligent in taking any other action.

not (see Supreme Court Decision 2005Da5867 delivered on May 31, 2007).

As to the instant case, the foregoing evidence and the purport of the entire pleadings are considered as a whole.

(1) A oxygen in the event that there is a difficulty in repulmone due to a scarcity or scarcity

The symptoms can be improved through the administration of inhaled, urology, expansion of machinery, etc., and, if any, the improvement shall be made.

(2) 7 October 201: 18 X - ray results

On October 14, 201, 201, after the administration of urology against the deceased, X - ray results

(3) Medical department in the Seoul National University Hospital, where the medical records have been appraised,

A doctor also expresses his/her opinion that the time of treatment for the Deceased and the suitability for medication, etc.

In light of the above, the treatment of the medical staff of the Defendant Hospital is at the time of the deceased’s situation, level of medical care, and significance.

board within the reasonable extent of the choice of such method as it considers appropriate based on the knowledge and experience of the company;

on the basis that the medical personnel of the Defendant Hospital did not perform an operational treatment in advance.

the deceased may not be readily deemed to have delayed appropriate measures against the deceased, and thereby, the deceased shall be subject to such delay.

Therefore, this part of the plaintiffs' assertion is without merit.

C. Whether the medical procedure violates the duty to explain

The plaintiffs are conducting the instant treatment in advance by the medical team of the defendant hospital while performing the treatment for the deceased.

It argues that there was a fault that did not explain the risk or merger certificate.

In case of lives, written evidence No. 1, and each medical technician for the director of S University Seoul Hospital in this Court

Comprehensively taking account of the overall purport of the arguments as a result of the written request for the appraisal, the medical personnel of the Defendant Hospital on October 11, 201

The deceased explained to the person on the cause and risk of leuk blood disease, and the deceased directly hear the explanation.

술동의서에 서명한 사실 , 시술 당일인 2011 . 10 . 11 . 망인의 보호자인 원고 김▲▲에게

With the merger of the instant procedure, there is a possibility that there is a fluoral fluoral fluoral fluoral fluor, etc.

I explained that the above plaintiff directly heard the explanation and signed the written consent of the operation.

As such, it is reasonable to view that the medical personnel of the Defendant Hospital fully explained about the instant procedure.

Therefore, the plaintiffs' above assertion is without merit.

Furthermore, the Plaintiffs do not properly inform the medical professionals of the Defendant Hospital of the risk of aviation cancer treatment.

In the event of an anti-corropic treatment, it shall be said that the deceased will not recover at a high probability of the deceased’s high probability.

It is alleged to the effect that they were treated under the absence of accurate information about danger, but the net

Medical personnel of the defendant hospital in order to improve the will of the hospital in order to improve the will of the hospital with a view to withdying aviation cancer treatment;

No fault may be caused by the dangerous contents, and rather, according to the evidence in the process of aviation cancer treatment according to the above evidence.

As seen earlier, the plaintiffs' assertion on the above part is also subject to the explanation of the danger.

§ 20.

3. Conclusion

Therefore, the plaintiffs' claim of this case is dismissed as it is without merit. It is so ordered as per Disposition.

shall be ruled.

Judges or Full-Time Judge

Judges Nana

2) It is an index increased in the case of pulmonary chrosloptye, cardio-fluor, fladial or telegraphic disease. D-dimer is a fiber made up of cross-connection (croslink);

In other words, a kind of product produced when decomposition is made by this flabin (plasmin) and connected to two Domain.

D- D- D- Dimer may measure the blood concentration by using a unique short-lateral arsens, which is used as fibers,

Maritime (fibrinolymis) Various kinds of indices, such as DIC, cardio-fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial

It is used for the diagnosis and tracking observation of blood-related diseases.

3) PT/PT is a test showing the degree of blood, and the normal scope is between 2/10 and 13.1 second / 20 / 6/31.1 second / 31.1 second / and delay is more than 2/3 second /3 second her normal.

The physical blood function can be seen as significantly deteriorating.