Plaintiff 1 and one other (Law Firm CSS, Attorney Lee Jae-in, Counsel for the plaintiff-appellant)

The Korea Educational Institute of Hanyang (Attorney Cho Young-chul, Counsel for defendant-appellant)

July 23, 2009

Seoul Central District Court Decision 2007Gahap20636 Decided August 19, 2008

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and each of the plaintiffs' claims against the above revocation shall be dismissed.

2. All appeals filed by the plaintiffs are dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Purport of claim

From November 14, 2004 to the date on which a copy of the complaint of this case is served, the defendant claimed 5% per annum with respect to 213,183,950 won and 46,519,852 won among them to Plaintiff 1; 20% per annum with respect to 16,64,098 won from the next day to the date of complete payment; 5% per annum with respect to 16,64,098 won with respect to 20% per annum from November 14, 2004 to the date of full payment; 20% per annum with respect to 189,421,510 won with respect to 20% per annum from the next day to the date of full payment; 5,891,120 won with respect to 20% per annum from the next day to the date of full payment; 30% per annum with respect to Plaintiff 15,204 to the date of full payment; 30% per annum from the next day to 30.13% per annum.

Purport of appeal

The plaintiffs: The part against the plaintiffs in the judgment of the court of first instance shall be revoked, and the defendant shall pay to the plaintiffs 1 the amount of 166,664,098 won, 133,530,390 won, and each of the above amounts shall be paid 5% per annum from November 14, 2004 to the date the judgment of the appellate court of this case is rendered, and 20% per annum from the next day to the date of complete payment.

Defendant: The judgment of the first instance court against Defendant is revoked, and each of the plaintiffs' claims against the revocation is dismissed.

1. Basic facts

The following facts are without dispute between the parties, or after considering Gap evidence Nos. 1 through 3, evidence Nos. 6-1, 2, 3, evidence Nos. 10-1, 2, and 11, evidence Nos. 17-1 through 12, Eul evidence Nos. 1, 2, 3-1, 2-2, Eul evidence Nos. 6-1, 14-1 through 11, 15-2, Eul evidence Nos. 14-1 through 15-1, 16-1 through 31, part of evidence Nos. 4, evidence Nos. 16-1, and part of evidence Nos. 6-1 through 31, evidence Nos. 16-1, the result of the examination of the medical records by the court of first instance on Samsung Seoul Hospital and the fact-finding on the head of the Seoul Hospital, the results of the examination of the medical records by the court of first instance on Samsung Hospital, and the purport of the whole entrustment of pleadings.

(a) Relationship between the Parties

Plaintiff 1 is a mother who had given birth to the deceased Nonparty 3 and was under treatment in the Hanyang University Hospital due to difficulty in pulmonary treatment, etc., and has served as a nurse for about 10 years prior to marriage. Plaintiff 2 is his father, and the Defendant is a school juristic person operating the above hospital (hereinafter “Defendant hospital”).

B. The Plaintiff 1’s pregnancy status

(1) On July 199, Plaintiff 1 repeated a four-time miscarriage after marriage. Around May 2004, 2004, the Plaintiff 1 was pregnant with in dubsium and embryo transplant. Around June 7, 2004, around 9 weeks of pregnancy, the Plaintiff 1 received treatment at the Defendant hospital after being hospitalized for about 5 days as an abreador.

(2) On August 10, 2004, Plaintiff 1 lost her fetus as a natural heritage in the womb in pregnancy 11, and around August 10, 2004, the Defendant hospital received her own fluoral fluoral fluoral surgery from the Defendant hospital to prevent the miscarriage.

C. Progress of treatment at the Defendant Hospital of Plaintiff 1

(1) On November 14, 2004, around 18:40 on the 29th half of pregnancy, Plaintiff 1 was in the emergency room of the Defendant hospital due to difficulty in repulmon, prompt repulmon, pulmonary, and the symptoms of a mustache. At the time, the breacy was measured by the physical temperature 36.8C, 72/ minutes of beer, 20 parts of respiratory, and 130/80 of blood pressure. The internal doctor of the Defendant hospital and Nonparty 1 diagnosed Plaintiff 1’s disease as a chlostosis, pulmonary symptoms, and breathic disease.

(2) The plaintiff 1 was unable to conduct a urine test on the wind that cannot be lying on the ground that the pulmonary difficulty is worse.

(3) Around 19:05, the medical professionals at Defendant Hospital 1 made Plaintiff 1 inhales 2 liter/mination of oxygen, connected acid pressure monitoring, and conducted dynamic scopic gas analysis tests. As a result of the examination, PCO2 conducted 7.48, PCO2, PCO3-A 18.8mml/L, PCO2 was 97mm Hg, oxygen scopic scopic 97%, and scopic scopic scopic scopic scopic scopic scopic scopics.

(4) At around 19:24, the above non-party 1 prescribed chest 1’s chest raying prescription against the plaintiff 1, but the plaintiff 1 rejected it on the ground that the plaintiff 1 was pregnant, and even around 19:50, the defendant hospital’s nurse recommended chest raying, but the plaintiff 1 was pregnant and rejected it.

(5) Around 19:54, the medical personnel of the Defendant Hospital conducted the dynamic gas analysis test with the Plaintiff 1. As a result of the examination, PCO2 conducted 7.451, PCO2, 28.3mm Hg, HCO3-Ga 19.3mmol/L, PaO2, 52.9mm Hg, and oxygen 87.6% low oxygen.

(6) At around 20:00, the medical personnel of the Defendant Hospital attempted to supply Plaintiff 1 with 24% oxygen 3 litres/mination, but the Plaintiff 1 refused to do so. At around 20:05, the medical personnel of the Defendant Hospital appeared to have an oxygen 87% in oxygen pressure monitoring, and the Plaintiff 1 supplied Plaintiff 1 with 35% oxygen 12 litres/mination to Plaintiff 1.

(7) At around 21:20, Nonparty 2, a medical doctor of the Defendant hospital, confirmed the heart of the two fetus with the Plaintiff 1 as an early wave in the emergency room, and then recommended the hospitalization of the part-time room to monitor the heart of the fetus and to control the pain, and explained the necessity of hospitalization and issued a written hospitalization. However, Plaintiff 1, at around 21:25, refused to discharge the Plaintiff 1 from the part-time hospital on the ground that there is a serious problem in the part of the respiratory part of the respiratory part of the Defendant hospital.

(8) At around 21:35, Plaintiff 1 sought hospitalization of Plaintiff 2, who was accompanied by his guardian at the time, but sought discharge without complying therewith. At around 21:45, Plaintiff 1 strongly expressed his intention to be hospitalized in a general hospital.

(9) Plaintiff 1’s oxygen was 60% around 21:55 and 21:57% around 58, and the Plaintiff 1 complained of respiratory distress, the medical personnel at the Defendant hospital replaced the cirmake to 50% oxygen 15 liter/mination.

(10) Plaintiff 1’s oxygen map drops from around 22:00 to 48%, and Plaintiff 1 appeared to show a severe low oxygen condition; Defendant hospital medical personnel, when Plaintiff 1 early delivery of a fetus, sent 10§¯ of flex spex spex X-rason, which leads Plaintiff 1 to the end of the fetus, in order to reduce the possibility of death and occurrence of the pulmonary pulmonary pulmonary spexe of the fetus; while spex spex spex X-rason, which leads Plaintiff 1 to the end of the fetus; with the consent of Plaintiff 1, spex spex spex spex (chest X-ra) was a AP method (as the patient is under the influence of the patient, etc., taking the image board before the patient, etc.); and conducted the heart monitoring and the sppying test.

(11) 원고 1은 22:10경 양손과 양발에 청색증(입술 등 피부 및 점막이 암청색을 띠는 상태로, 산소와 결합하고 있지 않은 환원 헤모글로빈의 양이 혈액 100㎎당 5㎎ 이상으로 증가할 때 나타난다. 일반적으로 혈중 산소농도의 저하 및 이산화탄소농도의 상승을 뜻한다)이 나타났고, 위 흉부 방사선촬영 결과 울혈성 심부전 및 폐부종이 의심되자, 피고 병원 의료진은 22:15경 원고 1에 대하여 이뇨제인 라식스(lasix) 20㎎을 정맥 주사하였으며, 같은 날 22:17경 앰뷰 백(ambu bag, 자발호흡에 어려움을 겪고 있는 환자의 코에 공기주머니를 연결하여 이를 쥐었다 폈다 함으로써 자발호흡을 보조하는 기구)을 이용하여 산소를 15ℓ/분로 공급하였다.

(12) However, Plaintiff 1’s oxygen level still remains 48% at around 22:22, and medical personnel at Defendant Hospital connected Plaintiff 1 with an artificial absorption machine after implementing a cropology; however, around 22:25, when the heart suspension due to pulmonary corrosion occurred, epine ppphne and an Aropine injection; around 22:26, the cardiopulmonary resuscitation was restored at around 22:28, and around 22:29, as a result of the crop gas analysis, pH was recovered at around 22:29; PCO2 at around 36.3mg, HCO2; 10.5ml/L; 75.6 pCO2; 8.6% of the pCO20

(13) At around 22:50, the medical personnel of the Defendant Hospital implemented an emergency scopic surgery against Plaintiff 1; around 22:52, Nonparty 3, a female, delivered birth to Nonparty 3; and around 22:53, the remaining childbirth was given. Nonparty 3 was in the body immediately after the delivery, and the body was 1,170g, and the body was 1,170g. As a result of the copic gas analysis test, the medical personnel of the Defendant Hospital fell under the PH 6.767, PCO2.2mm, 91.2mm, and CCO2.9, 1 minute Apopic, 5 minute Apopic, and 5 minute Acopic, died of the body of the Plaintiff at the time of birth, and the body was 1,170g.

(14) On December 7, 2004, Plaintiff 1 was discharged from Defendant Hospital on the following grounds: (a) Plaintiff 1’s pulmonary finite finite finction.

(15) 위 소외 3은 신생아가사로 인한 저산소성 허혈성 뇌손상의 증상 중 하나인 경련으로 피고 병원에서 치료를 받다가 2005. 9. 1. 서울대병원으로 전원하였는데, 전원 당시 두위는 38.5㎝로 3백분위수 이하였고, 폐 청진 소견에서는 분비물이 많이 차 있는 상태였으며, 운동기능 평가에서는 사지가 뻣뻣하고 근 긴장도가 증가되어 있었고, 바빈스키 반사가 양성으로 나타났으며, 뇌 자기공명영상촬영(MRI) 결과 허혈성 손상에 의한 것으로 추정되는 양측 기저핵과 뇌실 주위 백질부위에 낭성 뇌연화증의 소견이 있고 뇌실이 커져 있는 상태였다.

(16) The above non-party 3, while being treated at the Seoul Metropolitan Government Hospital, died of his or her team leader and infection as an intermediary, on May 30, 2006, with his or her team leader and infection as an intermediary.

(d) Relevant medical knowledge;

(1) The respiratory difficulty and radiation photographing of the pregnant woman;

In the case of a pregnant woman, there is the highest possibility of the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Precaution. In addition, in order to grasp the state of the fetus, it is necessary to check the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Precaution.

Even in the case of a pregnant woman, it is not prohibited from selectively photographing radiation when essential. In the case of a pregnant woman, it is known that the exposure to radiation by X-ray is not related to the fetus type or miscarriage if the exposure to radiation by X-rad is not more than 5rad, and the chest radiation shooting is equivalent to 0.01 to 0.05 mraddd, the amount of radiation exposure per time, and the amount equivalent to 1/100,000 of the standard value.

(2) Attention of the mountain period

The cardiopulmonary proof means a cardiopulmonary proof that does not clearly cause the cause. The symptoms, such as cardiopulmonary pulmonary difficulty, pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Precaution, heart pulmonary pulmonary Precaution, chest, chest or pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary ray, are showing the cost of the heart equipment at the heart level, and the increase of the internal pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Precaution and the decrease in the movement of the heart at the heart and the heart pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Precaution.

(3) the impact of the pulese heart and the pulmonary father on the pregnant woman;

In the event that the heart of a pregnant woman reduces the amount of gambling due to a gambalmosis of the pregnant woman (the blood of the heart is unable to produce sufficient blood out of the heart due to a fall in the function of the heart and thus the blood is flown away from the heart, etc. to other agencies, such as the pulmonary or gale, etc.), there is a fall in the gambling of the gambalm of the pregnant woman, and the pulmonary gambalm of the pregnant woman causes a low birth certificate of the pregnant woman, and both of the above two causes are likely to cause a gambalmosis of the pregnant woman. Since the gambalmsis of the gambalmosis is characterized by

(4) Treatment of a pregnant woman of the abolished father

In the case of general patients, clinical symptoms alone can begin to treat the urology by administering urology only with clinical symptoms without a pulmonary diagnosis. However, in the case of pregnant women, it is difficult to administer urology only with clinical symptoms before a diagnosis by objective evidence, such as radiation photographing photographs, and it is necessary to pay attention to the administration of urology at the time when urology is serious while administering urology at the time when urology is serious.

(5)Influence of embryos and influence of primary acids;

In the past, it is defined that the fetus was in a dangerous condition due to a lack of oxygen and used mainly in the past. However, in recent years, it is widely used the expression "nreasing" that the fetus is in a state in which it is in a state in which the fetus is in a critical condition, instead of the term "fluoral pain". Home affairs refer to a series of disorders caused by a lack of oxygen among the adaptation processes from the balconium in the womb to the establishment of the pulmonary resuscitation, and it means a series of disorders caused by a lack of oxygen, including the balconium, after birth, the fetus house work is called "new birth house," the fetus house work can be combined with the fetus house work, which may result in the dalconium function of the main institution, and it may result in a decrease in the cerebral cerebriformosis, which may cause a low cerebral cerebriformosis and a low cerebral typhalopsis.

If the symptoms of a pregnant woman continue, the symptoms of the fertility of the fetus and the Ambassador of the fetus of the fetus may be caused, and continuous low oxygen symptoms may cause damage to the crymology or the neology of the fetus. Even if the crymology of the pregnant woman is less than 90%, if the crymology of the pregnant woman is corrected through the increase of the supply of oxygen, the increase of the crymology of the abandoned crymology, the administration of the crymology of the crymology, and the administration of the crymology at an abnormal level, etc., it is not caused by the crymology of the fetus, but may cause the crymology of the fetus unless corrected.

(6) Low-carbon resistant typhism

If the fetus is exposed to a severe scarcity during a long-time period, the damage to the chronology, the organization of the fetus, or the organ of the fetus will eventually lead to a low scarcityic cerebral cerebral typhism. A fetus damaged by the scarcityic typhism in the womb may not appear clearly after birth if many cases occur, but at least in the case of damage during the birth, most of the birth shows obvious psychotropic symptoms immediately after birth.

As the degree and continued time of the family affairs shows severe symptoms and the initial symptoms continue to exist more than 12 hours, it shows the mixed or mixed symptoms of food, shows the constant or irregular respiratory, the decline of the tension, the loss of the first half of the newborn baby (the mother's reflect, the rapid reflect, etc.) of the newborn baby, and the movement of the inside and outside of the society seems to be maintained.In the case of the middle school or higher family affairs, it appears that the newborn infant was 50% within 6-24 hours after the birth of the newborn baby.

The low-carbon cerebralopsis can cause all factors that may cause the pulmonary or heart disease of the pregnant woman before the birth.

2. The parties' assertion

The plaintiff first, since the plaintiff 1 was suffering from severe respiratory distress, etc., the medical personnel at the defendant hospital did not neglect to conduct the radiation photographing test, cardio-high wave test, and the dynamic gas analysis test in an emergency to clarify its cause, but neglected to diagnose the plaintiff 1 as a chronological disease, and neglected the plaintiff 1, and delayed the treatment of the plaintiff 1, because the treatment was delayed due to the plaintiff 1, the treatment was delayed, and the plaintiff 1, who was in an emergency before the pulmonary part, did not put the pulmonary part back to the heart. Second, since the plaintiff 1 was pregnant with a pair of birth, the plaintiff 1 was responsible for the pulmonary part of the patient hospital's death due to the plaintiff 1's negligence before the first diagnosis and treatment of the plaintiff 1, the defendant medical personnel claimed that the plaintiff 1 was responsible for the pulmonary part of the patient 1's disease after the second diagnosis and treatment of the plaintiff 1, and the defendant 1, who delayed the treatment of the plaintiff 1, without delay before the first diagnosis and treatment.

As to this, the defendant asserted that, although the medical personnel of the defendant hospital recommended the plaintiff 1 to wear a chest radiation photograph and beeute, the treatment and diagnosis of the pulmonary body was delayed due to the delay in the chest-ray shooting on the wind that the plaintiff 1 refused to take it continuously, and the treatment of the pulmonary body of the pulmonary body of the pulmonary body of the non-party 1 took place as the pulmonary body of the non-party 1, and that the pulmonary body of the plaintiff 1 was in high-risk pregnancy, the above non-party 2 was under high-risk pregnancy, and the plaintiff 1 was under the consent of the guardian for the diagnosis and examination of the pulmonary body of the plaintiff 1, but the non-party 1 was not under the consent of the plaintiff 1. Thus, the defendant's medical personnel of the defendant hospital did not commit negligence in the diagnosis and treatment of the plaintiff 1 and the son.

3. Judgment by issue

(a) The patient's duty to cooperate in medical treatment;

When a patient and his/her guardian (hereinafter referred to as "patient") request a doctor or a medical institution (hereinafter referred to as "medical person") to provide medical treatment and commence medical treatment in response to such request, a medical contract between the medical person and the patient for the purpose of treating a disease is established. To achieve the purpose of the contract, the medical person bears the duty to provide medical treatment to the patient by using all medical knowledge and medical technology he/she has for the patient. On the other hand, the patient is obligated to cooperate with the medical person to faithfully comply with the instructions given by the doctor, such as conducting a close examination, taking medicine, taking care of his/her opinion without hiding the patient's opinion. If the patient is unable to achieve the purpose of the contract by violating such duty of disclosure and cooperation, the medical person neglects the duty to provide medical treatment or is not recognized by negligence due to negligence due to the care process for the patient.

(b) Negligence, such as delay in diagnosis of termination parts;

(5) On November 14, 204, Plaintiff 1’s 14, 204, 18: The Plaintiff 2’s hospital’s pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary 2.

(c) Whether there was negligence in the delay in the king Meaking.

The fact that the medical personnel of the defendant hospital performed an emergency scopic treatment only after it was restored to the cardiopulmonary resuscitation due to the outbreak of the heart suspension to the plaintiff 1. The low scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic s, etc.

(d) the existence of causation;

The plaintiff 1 caused the rapid progress of low-carbon symptoms based on the type of pulmonary pulmonary tion to the emergency room of the defendant hospital and the severe suspension of about 3 hours and 45 minutes. Thus, even if the medical personnel of the defendant hospital started the treatment of the pulmonary pulmonary tion immediately against the plaintiff 1 at the time when the medical personnel of the defendant hospital started the treatment for the pulmonary tion, there is no evidence to deem that the occurrence of the pulmonary tion was prevented, and even if the pulmonary tion was prevented due to the pulmonary tion, even if the pulmonary tion from the pulmonary tion had already continued for a considerable time, it cannot be deemed that the pulmonary tion from the pulmonary tion caused by the pulmonary tion cannot be said to have been free from the serious impact of the pulmonary tion caused by the pulmonary tion of the pulmonary tion in the defendant hospital.

4. Conclusion

Therefore, the plaintiffs' claim against the defendant is without merit and without further review about the scope of liability for damages. Since the part against the defendant which has different conclusions in the judgment of the court of first instance is unfair, it shall be revoked, and the plaintiffs' claim corresponding to the revoked part shall be dismissed, and the plaintiffs' appeal shall be dismissed as it is without merit. It is so decided as per Disposition.

Judges Yan Jin-hun (Presiding Judge)