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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. (1) The summary of the cause of the claim (1) The Plaintiff, as a relative of Nonparty C, was judged to require another person’s management, such as where he was unable to receive management because he was unable to live in a mixed life after the deceased was deprived of and separated from her, and he was unable to make meals to the extent that he was judged as being able to be able to be judged as a nutrition condition. As such, the Plaintiff was considered to have been living together with the deceased from November
On March 21, 2013, the Plaintiff: (a) decided on March 21, 2013 that the Deceased continued to spite, spits it, and was subject to hospital treatment due to drinking water, and (b) requested the Defendant hospital to take measures so that the Defendant medical personnel may be hospitalized; (c) the Plaintiff returned home without refusal of hospitalization; and (d) the Plaintiff died on March 23, 2013; (c) the Plaintiff reported the death to the Defendant hospital’s emergency room, and (d) continued to look at the death while the deceased was in the patient room. However, the deceased died.
(2) The Defendant medical personnel was negligent in failing to concentrate on the deceased who was boomed while drinking food and who was born in the state of nutrition, and violated the duty to explain all of them. The Defendant hospital, as the employer of the medical personnel in charge of the deceased, is liable to compensate the Plaintiff for consolation money of KRW 10,000,000.
B. (1) Determination (1) In a claim for damages arising from a breach of the duty of care in the relevant legal principles, the victim’s act of negligence on the basis of common sense can not be verified in the course of a series of medical practice, and the result can not be any other cause than a series of medical practices. On the other hand, the patient has proved that there was no health defect that could have caused such a result prior to the medical practice.