2013 Ghana 119601 Compensation (Definition)

1. Kim 00

2. Stambling00

Plaintiffs’ Address Seoul

Plaintiffs (Law Firm 00)

Attorney Kim00, Kim00, Park00, ParkO, Lee 00, Lee00

1. Fixed00

2. 00

3. Thisx; and

Defendants’ Address Seoul

Defendants Law Firm 00

Attorney Kim00, Kim00, Lee 00

April 28, 2015

May 26, 2015

1. The Defendants jointly pay to Plaintiff Kim 00 the amount of KRW 40 million, KRW 20 million, and KRW 20 million, as well as the amount of KRW 5% per annum from June 13, 2013 to May 26, 2015, and KRW 20% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims are dismissed.

3. One-fourth of the costs of lawsuit shall be borne by the Plaintiffs, and the remainder by the Defendants, respectively.

4. Paragraph 1 can be provisionally executed.

The Defendants jointly do so to Plaintiff Kim 00,000,000 won for 50 million won and Plaintiff Park O, respectively.

From June 13, 2013 to the service date of a copy of the complaint of this case, 5% per annum and from the following day to the service date of the copy of the complaint of this case

Until the date of full payment, 20% interest per annum shall be paid.

1. Facts of recognition;

A. On October 22, 2012, the plaintiff Kim 00, who was pregnant six weeks of pregnancy, was conducted by the defendant Jeong 00 on October 22, 2012,*** the father and father (hereinafter referred to as the "Defendant hospital") and was under the pre-delivery examination from the defendant x.

B. On June 13, 2013, around the 39th day of pregnancy, the Plaintiff KimO was diagnosed with the Defendant’s hospital on June 13, 2013. As a result of the diagnosis, Plaintiff KimO opened 2FB - soft 11th day of the same day, and was hospitalized in the Defendant hospital according to the direction of Defendant Xx.

C. At around 15:00 on the same day, the acquisition of the yeast, and around 15:50, the defendantx made the nurse of the defendant hospital, the plaintiff Kim 00 to injecting the yeast medication, and around 18:00, the plaintiff Kim 00 was released, and the defendantx instructed the defendantx to injecting the yeast medication after 30 minutes.

D. On the same day: 18: 30 in the 19th century, 6-7§¯ in the womb, and in the case of the fetus in the heart of 127 times, the nurse of the Defendant hospital in the Defendant hospital mixed with 0.5% in the fluorium and the fluoral hepatitis in the fluorium. However, the medical team of the Defendant hospital in the Defendant hospital did not properly observe the fluorial condition of the fluor, the fluor, the fluor of 19:0,000 after injecting the second fluoral injection, or the fluorial fluoral fluoral fluor, the fluor’s body

F. During that period, 19:00 Gindom 19: (a) in a state in which the infinite 00 cm was held to 7§¯, the number of the fetus heart 50-58 embryos was shown to have an opinion of difficulty in the fetus ; (b) the medical personnel of the Defendant hospital supplied the number of biochemical infections and the oxygen 70 per 5% per spoch; (c) began to monitor the fetus after the physical change, but at around 19:05, the infinite finite finite was about 68-70 per minute; and (c) the nurse of the Defendant hospital reported the above fact to the Defendant 00, a doctor on duty.

G. At around 19: 15, Defendant 00 diagnosed her early wave, diagnosed her fetus’s stroke, decided to perform an strokee repair surgery, and conducted her anesthesia in a state where her heart is not more than 50 times per minute. At around 19: 40, the fetus was still still still dead at 3,015km.

H. The plaintiff Park O is the spouse of the plaintiff Kim 00.

(i) In general, relevant medical knowledge (1) generally, in the event of inception, i.e., inc., inc., inc., inc.a., inc., inc.a., inc., inc.a., inc., inc.a., inc., inc.a., inc., inc., inc.a., inc., inc., inc., inc., inc.a., inc., inc., inc., inc.a., inc., inc.i., inc., inc., inc.i., inc., inc., inc.i.

(3) In the event that a fetus is conducted in light of the need, the water supply is implemented at a level of 500 cc as much as is necessary, and the vitality (blood pressure) of a woman in childbed is measured at intervals of 5 - 10 minutes at intervals of 5-10 minutes, 2-3 times at normal intervals, 1-1 hours at regular intervals, and 5-10 minutes at regular intervals if there is low blood pressure, and continuous monitoring of the fetus is to be conducted. (4) If the fetus is recovered in normal conditions due to the supply of oxygen, water supply, and physical change after the installation of the electronic monitoring device, it can be said that there is a need to be an emergency situation.

[Grounds for Recognition: Each entry of Gap evidence Nos. 1 through 8, the result of the entrustment of the examination of medical records to the head of a wooden hospital affiliated with the university of Egratives of the university of Egratives, the purport of the whole pleadings]

2. The parties' assertion

A. The plaintiffs' assertion

The medical team of the Defendant Hospital was negligent in neglecting to observe the progress after injecting the unclaimed drugs, and at least 40 minutes after the completion of 19:40 when the fetus was confirmed to have difficulty, and accordingly, the fetus of this case caused stillbirth. As such, the Defendant X and 00 are parties to tort, and the Defendant Y0 is liable to compensate the Plaintiffs for mental damage caused by the above negligence as an employer of the said Defendants.

B. The defendants' assertion

The Defendants shall take all measures to prevent the low blood pressure of women in childbed before and after the first injecting injection.

B. Around 18: 30, there is no problem to measure the cardiopulmonary ward at intervals of 30 minutes since it was appropriate for the plaintiff Kim 00 to measure the cardiopulmonary ward at intervals of 30 minutes since the mother was not the mother of the high-risk group, and thus, it is appropriate to measure the cardiopulmonary ward at intervals of 19:0; 19:0, after discovering the cardiopulmonary ward of the fetus at around 19:0, after diagnosing the 19:15, the fetus was diagnosed the immediate stalone, and the 19:35, the operation of the king was commenced, so it cannot be deemed that the delay of the king operation was not attributable to the accident of this case. Thus, the medical personnel of the defendant hospital at around 19:0.

3. Determination

A. In the event of a medical accident, if the victim proves that there was a medical negligence on the basis of ordinary person's common sense in the course of a series of medical acts, and that there was no health defect that could be the cause of such a result prior to the medical act, the victim's mitigation of the burden of proof that the burden of proof can be borne by presumption of the causal relationship between the medical negligence and the result is more consistent with the compensation system with the fair and reasonable burden for damages (see, e.g., Supreme Court Decision 2002Da3822, Jan. 24, 2003).

B. In light of the above facts, the medical record for the head of the relevant university or college affiliated with a female university or college was comprehensively considered as follows; ① before the accident of this case occurred, the plaintiff Kim 00's fetus was treated before the medical examination; ② there was no abnormal marbling of the fetus before the second marction; ② there was a negative side effect on blood pressure; the medical record for the fetus was sufficiently supplied and the marction of the fetus was seriously affected by the 10th marction. Despite the fact that it was difficult to see that the 10th marction of the fetus was in an emergency condition after the 4th marction of this case; ④ there was no possibility that the 1st marction of the fetus was in an emergency condition after the 19th marction of this case; ② there was no possibility that the 3rd marction of the fetus was in an emergency condition before the 30th marction of this case.

Therefore, in the instant case where there are no circumstances to deem that there was a change in the cause other than the series of medical care in the fetus death, the causal relationship between the above negligence and the stillbirth of the fetus by the medical staff of the Defendant hospital is presumed to be presumed. The written evidence in the evidence Nos. 1 through 7 alone is insufficient to acknowledge that the stillbirth of the fetus in the instant case was a cause entirely different from that of the Defendant hospital’s medical staff, and there is no other evidence to acknowledge it. Accordingly, the Defendant X and 00 is the party to the tort, and the Defendant Ex and Y0 is the party to the tort, and the Defendant Ex and Y0 is jointly and severally liable for damages suffered by the Plaintiffs due to the above negligence. Furthermore, in full view of the health class, the Plaintiffs’ age, family relationship, the background and result of the medical accident in the instant case, the degree of the Defendants’ negligence, and other various circumstances revealed in the argument in the instant case, the amount of consolation money shall be determined as KRW 40 million, KRW 200,000.

4. Conclusion

Therefore, the defendants are jointly obligated to pay the plaintiff Kim 00,000 won for consolation money and the plaintiff Park O's 20 million won for each of them from June 13, 2013 to May 26, 2015, which is the date the judgment of this case was rendered from June 13, 2013 to May 26, 2015, which is the date of the judgment of this case, 5% per annum under the Civil Act, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the plaintiffs' claims against the defendants against the defendants are justified within the scope of each of the above recognition, and each of the remaining claims is dismissed as it is so decided as per Disposition.

Judges Lee Jae-tae