손해배상(의)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the cause of the claim
A. The plaintiff's assertion was made by the plaintiff, around July 31, 200, 200, 'B mountain father and National Assembly member' operated by the defendant, because the plaintiff shows a small number of 2-3 agricultural fluences around the lux and the lux around the lux and the lux around the lux.
At the time, the defendant examined and treated the plaintiff.
Although the above symptoms were treated or not improved by the defendant, there were various symptoms, such as the change of noise net, breathitis, mathitis, all kinds of finites and inorganic symptoms, the left side safinite, etc.
Since these symptoms were caused by negligence that the defendant did not fulfill his duty of care, the defendant is liable to compensate the plaintiff for damages caused by such negligence.
B. The Plaintiff’s assertion of judgment is unacceptable.
The grounds are as follows:
In a claim for damages due to a breach of duty of care in medical practice, the victim's act of medical negligence based on the common sense of ordinary people can not be verified in the course of a series of medical practice, and there is no other cause other than a series of medical practices between the result and the result. On the other hand, where the patient proves that there was no health defect that could not be the cause of the result before the medical practice, the burden of proof should be mitigated so that the causal link between the medical negligence and the result can be presumed, and the patient can be held liable for damages. However, even in this case, the patient's existence of medical negligence based on the common sense in the series of medical practice should be proved by the patient, and if the patient cannot be found to have committed a breach of duty of care in the medical process, the claim should be rejected
(see, e.g., Supreme Court Decision 2001Da20127, Nov. 27, 2003). The plaintiff is responsible for medical malpractice based on ordinary people's common sense in the treatment process of the defendant.