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(영문) 인천지방법원 2020.07.01 2019나64221

손해배상(의)

Text

1. All appeals by the Defendants are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Occurrence of liability for damages;

A. When a doctor provides medical treatment such as diagnosis and treatment, he/she shall take the best measures required to prevent risks depending on the patient’s specific symptoms or circumstances in light of the nature of the duties to manage the human life and body, and in particular, a doctor who provides cosmetic type treatment shall be careful to ensure that the requester of cosmetic type treatment does not suffer from physiological or functional disorder after fully examining whether the procedure is performed, the time, method, scope, etc. of the procedure based on highly specialized knowledge (see Supreme Court Decision 2007Do1977, May 31, 2007). 2) In order to be held liable for tort or nonperformance due to a breach of the duty of care in the original medical treatment, as in other cases, the existence of causation between the violation of the duty of care in the medical treatment, the occurrence of damages, and the occurrence of damages and the occurrence of damages should be presumed.

However, medical practice requires highly specialized knowledge. The process of the medical practice is limited to the patient himself/herself, as well as the patient himself/herself can know part of his/her case. Since the medical procedure to achieve the result of the medical treatment depends on his/her discretion, it is difficult for the patient to prove the direct cause of the loss due to the medical negligence, not the doctor, as an ordinary person, and it is extremely difficult for the patient to prove the causal relationship between the violation of the duty of care and the occurrence of the loss. Therefore, it is extremely difficult for the patient to prove the causal relationship between the occurrence of the loss and the violation of the duty of care in the medical practice in the course of a series of medical practice in the victim's side, and there is no other cause than a series of medical practice between the result and the result.