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(영문) 서울서부지방법원 2011.03.30 2009고단1218
의료법위반
Text

Defendant

B The Defendant C shall be punished by a fine of KRW 5,000,000, and a fine of KRW 1,000,000, respectively.

The above defendants are above.

Reasons

Punishment of the crime

Defendant

B is an emergency doctor of Mapo-gu Seoul EF Hospital, and Defendant C is an emergency nurse of the same hospital.

1. Defendant B

A. At around 22:00 on August 23, 2008, Defendant B, while under the influence of alcohol in the emergency room of the above hospital, was performing the duty of diagnosis, treatment, etc. of the victim G (the age of 43) who gets out of the stairs of approximately 1.5 meters high from the two parts of the stairs ( approximately 5cm) while being under the influence of alcohol.

In such cases, the patient's risk of death caused by cerebralcular is very high. As such, the doctor in charge has a duty of care to take a photograph and read the two sub-CT film to confirm whether cerebralcular, etc. is confirmed, and to provide more accurate medical examination and treatment when it is confirmed that cerebralcular, etc. has been transmitted to another hospital with a chronic surgery and to prevent the risk of death caused by cerebralcular, etc.

Nevertheless, Defendant B neglected to do so and failed to verify symptoms such as cerebrovassis, etc. due to gross negligence, such as overcoming the results of the second ICC film reading by the victim even though he/she had symptoms, such as her frying frying frying, etc., and taken measures to discharge the victim at around 01:00 on August 24, 2008, on the ground that he/she only prescribed frying and drugs on the second frying side and did not have any particular problems.

The victim believed the above emergency measures and diagnosis results of Defendant B returned home, but around 17:00 on August 24, 2008, after they were sent back to H hospital located in the new village due to symptoms of drinking water and returned snow, and around 23:00 on the same day under the situation where cerebral transfusion has been significantly advanced and there is no possibility of recovery, the victim was under emergency brain operation at the J Hospital located in Eunpyeong-gu Seoul Metropolitan Government I, and died of the cerebral ma in the above J Hospital on September 17, 2008 because her conditions were not improved.

Accordingly, Defendant B caused the death of the victim by gross negligence in the course of business.

(b) Anyone;

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