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(영문) 부산지방법원 2017.11.01 2017고단3993
업무상과실치사
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 10,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B is a medical specialist belonging to the school juristic person G hospital, which is a general hospital located in Busan Jin-gu, Busan, and the defendant A is a nurse belonging to the above hospital.

Defendant

B as a business of protecting the life and health of a patient with professional medical knowledge and skills, B shall take the best measures to prevent harm to a patient in an opportunity to conduct medical practice. When performing blood transfusions to a patient, it shall not only check whether blood is directly blood, but also prepare for an emergency such as side effects during blood transfusions, and shall guide and educate nurses not to perform blood transfusions without the doctor's participation. In any case, even if a nurse gives blood transfusions to a nurse, he/she has a duty of care to check whether he/she is blood fachising for blood transfusions to the patient.

In addition, as a nurse under the direction and supervision of a doctor and assist the blood transfusion, the defendant A had a duty of care to confirm whether the patient is a blood flasium to blood transfusion and to give the blood transfusion.

Nevertheless, at around 10:10 on September 23, 2016, the Defendants neglected to perform blood transfusions to the victim H (the age of 77 years) who was under scambling in the 7th E operating room of the said G hospital. Defendant B, a doctor, was misunderstanding the victim’s blood furnal of I which was scheduled to perform an operation at around 11:00 on the same day as that of the victim’s blood furnal. Defendant B, a doctor, instructed the private citizen Defendant A to give blood transfusions to the RH-type A-type blood furnal blood furnal (270cc) (270cc) with the RH type A’s blood furnal concentrationd blood furnal (270cc). Defendant A, in accordance with the direction, gave the victim a blood transfusions to the victim.

As a result, the Defendants conspired with each other on January 17, 2017, and caused the victim at the Dong University Hospital located in Busan, Seo-gu, Seo-gu, Busan, to do so.

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