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(영문) 대구고등법원 2017.05.19 2014나22230
손해배상(의)
Text

1. Of the judgment of the court of first instance, the part as to Defendant Incorporated Foundation B is modified as follows.

The defendant Incorporated Foundation B is the defendant Incorporated Foundation B.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants-related Defendant Daegu Metropolitan City Dong-gu (hereinafter “Defendant Dong-gu”) are the medical professionals’ users of the Dong-gu Seoul Metropolitan City’s Health Center (hereinafter “Defendant Dong-gu Health Center”).

Defendant Incorporated Foundation B (hereinafter “Defendant Incorporated”) is the employer of the medical staff at C Hospital (hereinafter “Defendant Incorporated Hospital”).

On April 13, 2012, the network D (Es; hereinafter referred to as “the deceased”) diagnosed tuberculosis from the medical staff of the Dong-gu Seoul Metropolitan City, Daegu-gu public health clinic, and took tuberculosis as prescribed by the above medical staff from April 17, 2012, and died on May 6, 2012 due to its side effects while being treated as a patient at C Hospital on April 27, 2012.

The plaintiff (the deceased's mother) succeeded to the deceased's property.

B. On April 3, 2012, the first door-to-door Deceased visited the Defendant Dong-gu public health clinic for the purpose of obtaining a health certificate necessary for employment on April 3, 2012. At the time, there was no particular physical or abnormal symptoms on the Deceased. The Defendant Dong-gu public health clinic conducted a chest X-ray test to the Deceased as part of the prosecutor necessary for issuing a health certificate. 2) The second door-to-door Deceased visited the Defendant Dong-gu public health clinic to receive a health certificate on April 10, 2012.

As a result of the chest X-ray examination conducted at the time of the first visit of the deceased, the medical staff of the defendant Dong-gu public health clinic shows the opinion of tuberculosis in mind, and increased sound is confirmed to the left upper part of the deceased's waste and the right middle part of the deceased, so that the deceased was suspected to have suffered tuberculosis, and the deceased was sent back again after being subject to a chest computerized single-story examination (CT) examination and guest gathering examination with the Daegu branch of the Korean Health Care Association.

3) The third visit Korea Health Care Association F medical specialists (G) of the Daegu Branch of the Daegu Branch of the Health Care Association conducted a chest direct shooting test and a chest diversifying single-story (CT) test on the deceased. The boundary of the deceased’s both pulmonary leaves and leap leaves (the upper part is unclear).

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