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(영문) 수원지방법원안산지원 2016.11.10 2014가합23901
손해배상(의)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. The status of the parties B is the mother who gives birth to a male newborn baby (hereinafter referred to as “the deceased baby”) at the G Busan Women’s Hospital located in the Esan-si F of the member-si, Ansan-si (hereinafter referred to as “the Defendant Hospital”), and the plaintiff A is the father of the deceased child.

The Defendants are the doctors belonging to the Defendant Hospital in charge of only the portion of Plaintiff B.

B. On February 3, 2014, the first part of the Plaintiff B, the first part of which was pregnant 22 weeks 4, was born to the Defendant Hospital.

From February 3, 2014 to June 4, 2014, Defendant D, as a doctor, conducted a pre-treatment diagnosis with the Plaintiff B, and there was no opinion from the mother or fetus.

Plaintiff

B was submitted to the Defendant hospital due to the signs of childbirth, such as the flow of acquisition at around 9:39, which was 40 weeks of pregnancy.

C. In the past of delivery, Defendant D hospitalized Plaintiff B, and conducted an embryonic inspection (NST) by attaching the Plaintiff’s body to the Plaintiff’s monitoring device and the e-carculation monitoring device. Defendant D’s e-carculing condition of embryobbling and the mother’s womb was both improved.

The medical staff of the Defendant Hospital moved Plaintiff B to the family delivery room around 10:30.

Although the fetus heart was reduced by 90/10 each time between E 12:50 to 13:00, the number of fetus hearts measured at around 13:00 by the medical staff of the Defendant hospital was naturally restored to normal range. The number of fetus hearts measured at around 13:0 was within the normal range.

Defendant D retired from around E 18:00, and there was no signs of the Plaintiff B’s condition or fetus’s heart at that time.

E Around 19:20, the part of the Plaintiff B’s self-satisfy was completely opened, and at around 19:55, the fetus heart was reduced to 90/decentralization, and the medical personnel of the Defendant hospital knew the above situation to Defendant C, who is a doctor on duty.

At around 20:00, Defendant C ceased to perform an emergency exit operation and decided to implement an emergency exit operation, and the Plaintiffs consented thereto.

Defendant C transferred Plaintiff B to an operating room at around 20:20, around 20:38.

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