209 Gaz. 22511 Compensation (Definition)

1. ○○;

2. 00

3. Kim○-○

○○-dong, Changwon-si, Plaintiffs’ Address

[Defendant-Appellant] Kim Young-young et al.

Busan University Hospital

Busan Seo-gu ○○ Dong

Representative Director Park 00

Law Firm Jeong-man, Counsel for the plaintiff-appellant

[Defendant-Appellant]

December 14, 2011

January 4, 2012

1. The defendant shall pay 803,466,621 won to the plaintiff Lee ○○○, 24,759,940 won to the plaintiff Lee○○○, and 10,000 won to the plaintiff Kim○○, and 5% per annum from January 6, 2009 to January 4, 2012, and 20% per annum from the next day to the day of full payment.

2. The plaintiffs' remaining claims are dismissed.

3. Of the costs of lawsuit, 1/9 shall be borne by the Plaintiffs, and the remainder by the Defendant.

4. Paragraph 1 can be provisionally executed.

The defendant of the Cheong-dong branch of the Gu Office shall pay to the plaintiff Lee ○○○, the amount of KRW 906,843,320, the amount of KRW 29,763,840, the amount of KRW 15,000, and the amount of KRW 15,000 from January 6, 2009 to the date of this decision, the amount of KRW 5% per annum and the amount of KRW 20% per annum from the next day to the date of full payment.

1. Basic facts

The following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 1, Eul evidence 4, and Eul evidence 1-2, and Eul evidence 1-3; the result of the commission of each of the medical records appraisal to ○○○ University Head and ○○○00 Hospital Head and each of the results of the fact inquiry with regard to ○○○○○ University Head and ○○00 Hospital Head and 00 Hospital Head and the whole purport of the pleadings.

A. Status of the parties

On January 1, 2009, Plaintiff ○○○○○ Hospital (hereinafter “Defendant hospital”) is the father of Plaintiff ○○○○○, Plaintiff ○○○○ is the mother of Plaintiff ○○○, and Defendant hospital is the employer of medical staff who was in charge of treating Plaintiff ○○○○ as follows.

B. Birth of the Plaintiff Lee ○-○ and excrete oil

1) On January 1, 2009, the Plaintiff Kim ○○ delivered the Plaintiff Lee ○○, upon the Defendant’s medical personnel affiliated with the Defendant Hospital’s hospital’s implementation of the king surgery. At the time of childbirth, the Plaintiff Lee ○○ was a 33th week old age, the body weight was 2.48km, and the activity and sound were 80% old, which was 90% old, and the 1st and 5th Apgar frecre, respectively.

2) around 07:00 on January 2, 2009, the Plaintiff ○○○ was transferred to the newborn infant care room of the Defendant hospital and received 5mL from the medical personnel affiliated with the Defendant hospital by entering the said medical personnel in a way of confirming the remaining flow of the oil in the said medical personnel via G-tube (hereinafter referred to as “mast oil”), as well as from around that time until January 6, 2009, from the medical personnel affiliated with the Defendant hospital to January 06:00 as follows.

A person shall be appointed.

A person shall be appointed.

C. Occurrence and progress of the instant accident

1) On January 6, 2009, medical personnel belonging to the Defendant Hospital discovered Plaintiff ○○○’s ○○ Medical Personnel, who had been in the state of respiratory suspension, which had not been active with a telegraphic blue, at least 40% of the blood oxygen 40% of the dynasium, and 50 times of the dynasium, and had started mass pressure ventilation (Ambu-baging) around 06:13 of the same day on the same day on the part of Plaintiff ○○○ (in this process, Plaintiff ○○’s coin with the dynasium), but the dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium d.

2) Therefore, while the medical professionals belonging to the Defendant Hospital continued to attract the Plaintiff ○○○ to the heart and heart, around 06:20 on the same day, the Plaintiff 0.01% of 0.3mL per annum and increased to 65% of 06:00 per annum. However, the medical professionals belonging to the Defendant Hospital did not recover from the heart cambling, thereby increasing to 0.3mL per annum at around 06:25 on the same day; around 06:45 on the same day; around 06:45, at around 06:50 on the same day; at around 07:0 on the same day, the Plaintiff 2.5ml of cambalium and the 3mlinium of 2.5mlinium; at around 06:5m of 0,500 on the same day, the Plaintiff 2.5m mix of cambalium and the Plaintiff 3mm of cambalium.

3) On January 6, 2009 and January 12, 2009, after the accident of this case, the plaintiff Lee ○○ showed a wide range of acute cerebral typosis symptoms to the left side, such as the upper flag, low-nuclear, heavy brain, both sides of both sides, and rear flag leaves, etc. Accordingly, significant delay in development, internal, visual, visual, visual, and visual raxia is anticipated (hereinafter referred to as "the obstacles of this case").

(d) Relevant medical knowledge;

1) If the medical situation of the above-mentioned baby begins within 2,300 meters after birth, it is recommended that the above-mentioned baby begins with 4,6,8 hours in the body of the baby concerned, which begins with breast-feeding or dilution marized baby marries up to 10 meters per day. If it is determined that it is possible to do so, it is possible to increase the number of days per day. In general, it begins with 10 meters in the body of the baby with 2 km or more, one time in 72 hours before 12,000, one time in 72 hours before the body, and finally increases the quantity of water flow from 37 to 50 meters. It is recommended that the quantity of water flow will be determined by taking into account the general standards for breast-feeding and disease condition of the baby and the blood condition of the baby, and it is possible to reduce or reduce the quantity of water so that it can not be seen that there is an increase or decrease in the quantity of sewage remaining after the examination or treatment capacity.

(ii) follow-up measures;

If a medical personnel puts a bit to a newborn baby who has normal fire extinguishing ability, it can be deemed that there remains little kinds of milk in food, and even if there remains domestic small amount of oil, it can be deemed that there are only little kinds of oil in food, and it is safe even if it is lowered down through a food-resistant movement and is placed on a newborn baby, but even if it is safe for a baby who is not equipped with normal fire extinguishing ability, it can still be seen that the contents can still be left on the part of the newborn baby as it is, and it may cause danger, such as the closure of a flag by the inseminator of the above contents.

3) In a case where cardiopulmonary resuscitation for newborn babies is implemented: (1) Smoking foreign substances, etc. within the mouth to maintain the airway; (2) 100% air pressure ventilation is to be implemented; and (3) air pressure ventilation is to be continuously conducted when water pressure ventilation is conducted (Breathing); (4) cardiopulmonary resuscitation is conducted where the heart water is less than 60 times per minute even though air pressure ventilation using oxygen 100% continues to reach 30 seconds (C; 4) air pressure ventilation and heart hearts using oxygen 10% air conditioners continues to reach an effective stage of removal of such substances as divers, etc. if it is necessary or conducted again to remove the heart water in an effective stage of removal or re-ditation of such substances as dives or re-ditation of substances, etc., such as divers or re-ditium in an effective stage of removal or re-ditation; and (4) if it is necessary to re-ditify the substance in an effective stage of removal or re-ditation.

section 30,00.

2. The plaintiffs' assertion

The Plaintiffs showed that: (a) Plaintiff 00 had neglected to take the measures corresponding thereto, such as increasing the remaining amount before the instant accident; and (b) Plaintiff 00 had a duty of care to reduce the amount of water flow or discontinue breast-feeding with respect to the Plaintiff 00; (c) Plaintiff ○○ was born to the Plaintiff ○○ was negligent in maintaining the quantity of water flow without neglecting such duty; (d) Plaintiff ○○ was born to the Plaintiff ○○○; (e) Defendant ○○ was the medical personnel at the Defendant hospital’s hospital, taking care of the possibility that the said content might flow; and (e) Plaintiff ○○ was negligent in taking the measures corresponding thereto; and (e) Plaintiff ○○ was negligent in taking the measures corresponding thereto; and (e) Defendant ○○○’s medical personnel at the Defendant hospital’s hospital’s hospital’s medical personnel failed to perform the pertinent duties of care due to lack of the above content; (e) Defendant ○○’s negligence in executing the instant medical treatment contract with the Plaintiff ○○ as the medical personnel of this case.

3. Judgment by issue

A. Establishment of damages liability

1) Whether there was negligence in ornamental water.

위관수유를 시행함에 있어 수유량은 일반적인 수유기준과 미숙아의 소화상태, 질병상태를 종합하여 결정하여야 하고, 소화기능이 떨어지거나 소화능력을 초과하는 수유를 받아 우유를 적절한 시간 내에 소화하지 못하는 미숙아에 있어서는 위 내용물의 역류가 생길 가능성이 있으므로, 위 잔류액의 증가, 구토 등 거부증상이 있을 경우 감량 또는 금식시켜야 하며, 특히 변이나 위액에서 혈액이 검출되는 것은 위험한 증상으로 받아들여지는 사실, 원고 이○○은 이 사건 사고 전날 09:00경부터 이 사건 사고 당일 00:00경까지 6회에 걸쳐 계속 위관수유의 잔유량이 관찰되었을 뿐만 아니라, 이 사건 사고 전날 15:00경 위관으로 오래된 핏덩어리가 발견되어 피고 병원 소속 의료진이 원고 이○○의 위염을 의심하여 위관으로 오래된 핏덩어리가 계속되면, 위점막보호제인 라니티딘을 투여하도록 처방한 사실(피고 병원은 원고 이○○의 출생 당시 삼킨 산모의 양수에 섞여 있던 혈액이 생후 수일간 위액에 저류된 채 응고되어 오래된 핏덩어리로 발견되었다고 다투나, 이와 같은 주장은 위와 같은 피고 병원 소속 의료진의 진단 및 처방과도 모순되어 받아들일 수 없다), 이 사건 사고 전날 21:00경 및 이 사건 사고 당일 00:00경에도 원고 이○○은 위관수유 후 위관으로 오래된 핏덩어리가 계속 발견되었던 사실은 각 앞서 본 바와 같으므로, 피고 병원 소속 의료진으로서는 원고 이○○에 대한 위관수유를 시행함에 있어 이 사건 사고 전날경에는 수유량을 감량하거나 수유를 중단할 주의의무가 있었다고 할 것이다.

그러나 피고 병원 소속 의료진은 이 사건 사고 전날이나 이 사건 사고 당일경 수유량을 감소시키거나 수유를 중단하는 조치를 취하지 아니하고, 오히려 이 사건 사고 전날 06:00경부터 원고 이○○에 대한 1회 수유량을 16mL로 증가시킨 뒤, 이 사건 사고 전날 09:00경 및 15:00경 2회만 수유를 하지 아니한 채 위 수유량을 이 사건 사고 당일 06:00경까지 유지한 사실(피고 병원 소속 의료진은 이 사건 사고 전날 21:00경 및 이 사건 사고 당일 00:00경 원고 이○○의 위관으로 오래된 핏덩어리가 계속 발견되었음에도, 오래된 핏덩어리가 계속되면 라니티딘 투여하라는 피고 병원 소속 의료진의 처방도 이행하지 아니하였다), 이 사건 사고 전날 18:00경부터 이 사건 사고 당일 06:00경까지 3시간 간격으로 계속 16mL의 위관수유를 받았던 원고 이○○은 결국 이 사건 사고 당일 06:12경 호흡정지 상태로 발견된 사실, 이후 원고 이○○에 대한 양압환기 과정에서 코와 입으로 우유가 역류한 사실은 각 앞서 본 바와 같으며, 이 법원의 ○○대학교 0000 병원장, 00000 병원장에 대한 각 진료기록감정촉탁결과에 의하면, 위 ○○○○○병원은 원고 이○○이 출생 당시 아프가 점수는 1분 5점, 5분 7점으로 정상은 아니었으나, 전반적으로 양호한 소견이었고, 출생 당일부터 이 사건 사고 당일까지 호흡기·순환기계에 이상 소견이 없었다는 의학적 소견을 밝힘과 아울러, 주산기 동안 특이점 없는 신생아의 기도폐쇄에 의한 호흡정지의 가장 흔한 원인은 위 내용물의 흡인이고, 이 사건 사고 전날 원고 이○○에 대한 수유량이 많았을 가능성을 고려할 수 있다는 의학적 소견을 밝힌 사실, 위 0000 병원도 원고 이00의 위 내용물이 모두 제거된 상태이었다면 역류할 가능성은 없으며, 원고 이00의 호흡정지의 원인은 위 내용물의 흡인일 가능성이 높고, 그 밖에 호흡정지를 초래할 원인이 될 만한 소견은 보이지 아니한다는 의학적 소견을 밝힌 사실이 각 인정되는바, 위와 같은 의학적 소견 등에 비추어 볼 때, 비록 원고 이○○이 위관수유를 받은 지 72시간이 지난 이 사건 사고 전날경 원고 이○○에 대한 1회 수유량이 16mL로서 앞서 본 일반적인 수유기준인 37 내지 50mL보다는 소량이라고 하더라도, 원고 이00의 호흡정지는 피고 병원 소속 의료진의 위관수유 시행상의 과실로 발생하였다고 볼 것이다.

2) Whether there was negligence in the measures after water supply

If a medical personnel twelves a newborn baby with normal fire extinguishing ability, it can be deemed that there remains almost no milk in food, and even if there remains a small amount of domestic food remaining, it can be seen that there are only little kinds of milk in food does not remain. Even if it is left, it is safe even if it is lowered down through a food-resistant movement, but even if it is installed on a newborn baby without normal fire extinguishing ability, it is still possible to twelve the above contents, so it can be seen that it might cause danger, such as the removal of a string by the string of the contents. The fact that the Plaintiff ○○○ was born to the baby who was born to the baby, the age of 33 weeks and the body weight of the Plaintiff 2.48 km, and thus, the medical personnel belonging to the Defendant hospital had the duty to observe and observe the twelves against the Plaintiff ○○, an infant, and the possibility to take measures corresponding to the twelves.

However, there is no evidence to prove that the medical personnel belonging to the defendant hospital was taking the above measures, and even if the plaintiff Lee ○○ had taken the above measures from the medical personnel belonging to the defendant hospital around 06:00 on the day of the accident in this case, he had been under the control of the medical personnel belonging to the defendant hospital at around 06:12 on the same day after about 10 minutes, he had already taken 40% of the blood he was under the influence of blood he was under the control of the defendant hospital at around 06:12 on the same day, and he was found by the medical personnel belonging to the defendant hospital in the state of respiratory suspension where he was under the influence of pulmonary suspension without any shocking a telegraphic typhecul, and the fact that the pulmonary suspension of the plaintiff Lee○○ was under the influence of the above contents. Accordingly, considering these circumstances, even if the medical personnel belonging to the defendant hospital, the medical personnel belonging to the defendant hospital neglected to observe and respond to the plaintiff Lee○'s ○ after the above time.

3) Whether there was a fault in cardiopulmonary resuscitation

With respect to the implementation of cardiopulmonary resuscitation, it is necessary to re-examine the exact location of the inserting pipes or remove the inserting pipes and fix them by inserting them, if the maintenance of the airway is obstructed by any powder or foreign substance in the machinery, and if an effective ventilation is not achieved even after the implementation of the inserted in the machinery, it is necessary to re-examine the exact location of the inserting pipes or re-enter them.

As seen earlier, the medical personnel belonging to the Defendant Hospital had the duty of care to perform cardiopulmonary resuscitation in the above way with respect to the Plaintiff Lee ○○.

However, at around 06:13 on the day of the instant accident, medical professionals belonging to the Defendant Hospital did not perform a poppy ventilation without securing the mechanism for the Plaintiff’s marbation. The Plaintiff’s ○○○○ Medical Center did not perform an effective ventilation, including the 06:20 on the same day and the 06:15% on the same day after the Plaintiff’s marbation inserted in the institution. However, the medical professionals belonging to the Defendant Hospital did not perform an effective ventilation, such as the marbation rate at around 06:20 on the same day. However, even after the Plaintiff’s marbation in the institution around 07:30 on the same day, the Plaintiff’s marbation rate was completely recovered to 100% on the same day, and the medical professionals at the Defendant Hospital’s hospital’s marbation rate did not seem to have violated the first medical doctor’s duty of care on the part of the Plaintiff’s marbation in the medical report.

4) Existence of causation

According to the court's results of the physical examination entrustment to the head of 000 university and the results of the medical examination entrustment to the head of 000 university, the above 0000 hospital did not have any abnormal opinion on the respiratory and circular machines before the accident of this case, and there was no symptoms related to brain damage. The above 000 hospital was born to the head of the above 00 university with 33th 6th son, although the above 00 hospital was born to the 3th 6th son, there was no need for the treatment of the 2.48 km, and the disability of this case appears to be related to the accident of this case. In light of the above medical opinion, in light of the above medical opinion, the plaintiff 00 was bound to have caused the accident of this case, and thus, the causal relation between the medical malpractice of this case and the plaintiff ○○ Hospital affiliated with the defendant hospital was found to exist.

5) Sub-committee

Therefore, the Defendant hospital is liable to compensate for all damages suffered by the Plaintiffs due to the instant accident as an employer of the medical personnel under its jurisdiction (i.e., the Plaintiff, ○○, etc. born to the baby, but the Plaintiff, ○○, etc. did not require the treatment of human beings or artificial absorption, etc. (see, e.g., the result of the Plaintiff’s physical examination request with respect to the director of the University 000 Hospital, Aug. 6, 2010). Therefore, it is inappropriate to limit the liability of the Defendant hospital on the ground of the foregoing circumstances.

(b) Scope of damages;

In the instant accident, the basis for calculation of the Plaintiffs’ property, mental damages, expenses, calculation details, and the amount are as follows (However, pursuant to the discount method that deducts the intermediate interest calculated at the rate of 5/12 per month, it shall be calculated at the present price at the time of the instant accident, and the monthly below the month shall be calculated by including the monthly income before deducting the intermediate interest in order to prevent excessive compensation, and the calculation shall be discarded below the source and below the month for the convenience of calculation).

(i) lost earnings;

A) Facts of recognition

Gender: Males

Date of birth: - The name of lease on January 1, 2009 - The term of time: 38.25 years from the date of the instant accident (the date of expiry of the term of lease is March 29, 2047) - The term of service: The term of service is from January 1, 2031 to 60 years old (the next day shall be deemed deceased on the date of expiry of the term of lease and 1/3 shall be deemed to be the cost of living) the financial assessment of the labor ability to work: The plaintiff ○ may be at least engaged in urban daily labor in urban areas.

- Labor disability loss rate: 100% (2.0% of Mabro Mabrid Table, 1X-B-4, occupational coefficient is irrelevant, and according to the result of physical entrustment and fact inquiry conducted on August 6, 2010 to the Head of ○○ University, ○○ University, the above hospital is expected to have disability of the Plaintiff ○○○○○○○ University, but it is anticipated that it will eventually interfere with the remaining permanently because it is difficult to expect a significant difference, and if the instant disability is similar to the present, the labor disability rate may be assessed as 10%. Since medical opinions are recognized, even if the instant disability was not fixed at the time of the above physical appraisal, the labor disability loss rate can be assessed as 10%).

[Ground of recognition] The statement No. 1 of this Court, the result of each physical examination commissioned to the director of the University 000 University and the result of the fact-finding inquiry

B) Total amount: 209,836,251 won (i.e., calculation of KRW 210,621,877, or as claimed by the Plaintiffs, see the attached table of damages calculation)

(ii) Written treatment costs;

- The sum total of 14,759,940 won was disbursed by the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 7-1 to 47

(iii) future treatment costs;

(a)the necessary treatment details and costs;

(a) Water treatment expenses and working treatment expenses: 5,038,280 won (water treatment expenses + (22,185 won + working treatment expenses + 26,260 won) by the end of 20 years of age, and X 52 weeks by the end of 20;

(2) Inspection expenses, outpatient medical expenses, and medicine expenses: KRW 1,241,432 [1,00 for inspection expenses = KRW 779,112 [1,00 for inspection expenses + ( KRW 673,942 for self-definite inspection expenses + KRW 105,170 for brain wave inspection expenses] + ② 97,320 for outpatient medical expenses + 365,00 won for medication (= KRW 16,220 for X 6 times per year)];

(3) The cost of internal medicine treatment due to internal medicine, etc.: 2 million won (the Plaintiff’s 00 claimed physical treatment expenses, examination expenses, etc. after February 26, 2010; however, there is no evidence to acknowledge that the Plaintiff’s ○○○ received each of the above treatment from February 26, 2010 to the date of the closing of argument in the instant case. Therefore, for the convenience of calculation, the cost of internal medicine treatment shall be calculated on December 15, 201, on the day following the date of closing of argument in the instant case, deeming that the Plaintiff first received the above treatment to have received the above treatment

[Reasons for Recognition] The result of the commission of each physical examination to the Head of ○○ University at this Court

B) Total amount: 85,161,848 won (attached Form damages and calculation table of future treatment expenses)

4) Costs of purchasing assistive devices;

(A) the necessary aid details and expenses;

Until the end of the life expectancy of the instant accident, Plaintiff ○○○ need to purchase each of the above auxiliary equipment after February 26, 2010, and there is no evidence to prove that Plaintiff ○○○○ purchases each of the above auxiliary equipment from February 26, 2010 to the end of the life expectancy of the instant accident; ② every two years, one of the auxiliary equipment equivalent to KRW 240,000,000 and one of the auxiliary equipment for the prevention of bathing, and three (3) years, one of the auxiliary equipment equivalent to KRW 450,000,00,000 (the foregoing auxiliary equipment was first purchased on December 15, 201, which is the day following the day of the closing of the instant case’s argument on the convenience of calculation.

[Grounds for recognition] The result of the commission of physical examination on August 6, 2010 to the director of the ○○ University.

(b) Total amount: 10,966,815 won (see attached Table of calculation of purchase cost of an auxiliary Gu);

(v) nursing expenses;

(A) the necessity and extent of the opening;

Plaintiff ○○ requires the opening of one urban average person from January 1, 2014 to March 29, 204, when the life expectancy of five years old due to the instant disability from January 1, 2014 to March 29, 2047 ( even if a healthy infant is, it is necessary for others, such as parents, etc. to look at the daily daily life until he/she reaches five years of age, and thus, no claim for opening expenses is accepted).

[Reasons for Recognition] The results of physical examination commissioned on August 6, 2010 to the Head of the University of 000 (10) of this Court, the results of fact inquiry, and the empirical rule

B) Total amount: 457,501,707 won (see attached Table 457,501,707)

6) Consolation money

- Reasons for consideration: The plaintiffs' age, family relationship, property and educational degree, the background and result of the accident of this case, the degree of the disability of this case, and other various circumstances determined in the oral proceedings of this case.

Plaintiff Lee ○: 40 million won

Plaintiff Lee ○, Kim ○: 10 million won each.

4. Conclusion

Therefore, the Defendant hospital: (i) KRW 803,466,621 (i) daily income + KRW 209,836,251 + KRW 85,166,848 + purchase cost of assistive equipment + KRW 10,966,815 + KRW 457,501,707 + KRW 400,000; (ii) Plaintiff Lee ○○, Inc. (i) KRW 24,759,940 + KRW 14,759,940 + KRW 10,000 + KRW 14,000; and (iii) KRW 10,000 and KRW 10,000,000; and (iv) KRW 25,000 as of January 6, 2009; and (iv) the remainder of the Plaintiffs’ respective claims for damages for delay calculated within the scope of each of the above Special Cases concerning the Promotion, etc. of the Accidents as of January 4, 2009.

The presiding judge, judge or mineral letter

Judge Maump

Judges Senior Superintendent of the Supreme Court