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(영문) 서울북부지방법원 2015.05.29 2013가단104735
손해배상(의)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The plaintiffs asserted that the plaintiff A (G) caused the merger between the plaintiff A and his father (the father), the plaintiff B, the mother (the mother), and the plaintiff D, who are the plaintiff C and his siblings, due to the negligence of the defendant F, caused the congenital heart disease after the medical examination and birth. The defendants are liable to compensate for the damages caused by the plaintiff A and his father (the father), the plaintiff C and the sibling.

2. Determination

A. A physician has a duty of care to take the best measures required to prevent risks depending on the patient’s specific symptoms or circumstances in light of the characteristics of the duties of managing the patient’s life, body, and health, and such duty of care is based on the level of medical practice performed in the clinical medicine field, such as a medical institution at the time of the medical practice. The level of medical care is generally known and recognized at the time of the medical practice by an ordinary doctor at the time of the medical practice. As such, a normative level should be determined by considering the environment and conditions of the medical practice, the peculiarity of the medical practice, etc. Furthermore, a diagnosis is an starting point of a clinical medicine that determines whether a disease is discovered or not, and its kind, character, and degree of progress is an important medical practice selected by the Medical Treatment Act. Thus, in determining whether there is negligence in the diagnosis, even if it is impossible to conduct the complete clinical diagnosis in the process, the doctor is within the scope of the level of diagnosis required in the clinical medicine field at least, and thus, the patient’s diagnosis and experience in the medical science and experience and risk of the patient.

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