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(영문) 대전지방법원 2018.05.30 2017나112032
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. Basic facts

A. On October 19, 2016, the Plaintiff was provided medical treatment by the Defendant as a guardian, etc.

A nurse employed by the Defendant had been in the front part of the Plaintiff’s left side (hereinafter “instant injection”) at the Defendant’s direction.

B. On October 29, 2016, the 10th day thereafter, the Plaintiff complained of a serious pain on the left side part and on the bridge, and found D in the Ethys of C University Hospital (the Plaintiff had been treated by D due to ethmatitis from this point).

On the same day, blood species (the blood from damaged blood cells, hereinafter referred to as “the blood species of this case”) have been found on the left side of the plaintiff’s left side, and the eromatic symptoms have been observed by the situation where the eromatic eromatic eromatic erogens have been exposed to pressure due to the eromatic erogens around the left side.

D referring to the Plaintiff’s “one week of injection, and the left side of the bridge was seriously affected by the pain,” and the location where the blood species occurred on the MRI’s photograph is ordinarily in the place of injection, so during the course of taking injection, the Plaintiff diagnosed that the blood species occurred, and entered the Plaintiff’s diagnosis name into “the blood and the blood species that were combined with the treatment that was not classified as “the Plaintiff’s diagnosis name.”

C. The Plaintiff was hospitalized in C University Hospital from October 29, 2016 to November 15, 2016 and received medical treatment.

【Ground for Recognition: Each entry of Evidence A Nos. 1 and 2, testimony of witness D of the first instance trial, purport of the whole pleadings】

2. Plaintiff’s assertion and judgment

A. The Plaintiff asserted the instant injection and caused the instant blood species.

Since the defendant's or nurse's negligence is presumed to be medical negligence, the defendant is obligated to compensate the plaintiff for the damages suffered by the plaintiff due to medical negligence above.

B. First of all, as to whether the blood species of this case occurred due to the instant injection, the health room and the Plaintiff’s direction from the nurse working in the Defendant hospital to the left side.

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