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(영문) 창원지방법원마산지원 2016.06.08 2014가합1577
손해배상(의)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are children of the network K (LLs and hereinafter “the deceased”) who died after undergoing an operation at the J Hospital located in Changwon-si, Changwon-si I (hereinafter “Defendant Hospital”). The Defendants are doctors who jointly establish and operate the Defendant Hospital.

B. On January 25, 2014, the Deceased was diagnosed to be satisfyed in the Defendant Hospital at around 10:00 a.m., and was diagnosed to be satisfyed by the Defendant E, an external doctor, at least 1:30 p.m. on the same day, he/she received shocking agents and satisfying surgery from the Defendant E, an external doctor.

C. Around 24 hours after the operation, the Deceased’s active shock was normally maintained without any problem. However, on January 26, 2014, around 40:40 p.m., the next day, the Defendant hospital died by a low-blood shock at 7:30 p.m. on the same day, notwithstanding emergency measures such as cardiopulmonary resuscitation, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, fact inquiry results against the original city of this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiffs’ assertion that the deceased died due to the medical negligence as set forth below by the medical staff of the Defendant Hospital, and the Defendants shall jointly and severally compensate the Plaintiffs for the damages as claimed by the deceased and their successors.

1. Defendant E, in bad faith, failed to grasp the fact that the deceased was in the process of taking a medical control with a high risk of cardiopulmonation, i.e., inasmuch as he did not faithfully perform the operation, he did not grasp the fact that he was in the process of taking the risk of cardiopulmonation, i.e., he had an influence on the deceased’s stress blood transfusion. ② The deceased’s negligence did not grasp in advance the Sacheon Sacheon by putting the condition of the deceased on a simple franchi, and ③ did not grasp the deceased for about two hours after the shock was generated, and delayed appropriate treatment by failing to grasp that he was the blood transfusion of the above Minister, and ④ before the operation.

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