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(영문) 인천지방법원 2018.01.18 2016나54568
손해배상
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows: (a) the reasoning of the judgment of the court of first instance is that the 4th and 10th of the 4th and the 10th of the 4th in the 10th in the 10th in the 196th in the 1960s in the 1960s in the 200s in the 200s

[Medical doctors have the duty of care to take the best measures required to prevent risks depending on the patient’s specific symptoms or circumstances in light of the nature of the duties of managing the patient’s life, body, and health. Such duty of care is based on the level of medical practice performed in the clinical medicine field, such as medical institutions, at the time of performing medical practice. The level of medical care refers to generally known and recognized at the time of medical practice by ordinary doctors, and is in human beings. As such, considering the environment and conditions of medical practice, the specificity of medical practice, etc. (see Supreme Court Decision 2011Da26964, Jan. 24, 2013). If a medical doctor cannot conduct a necessary examination due to facilities of the relevant medical institution, geographical factors, or other various circumstances, barring special circumstances, he/she has a duty to recommend all of the relevant medical institution to undergo the examination (see, e.g., Supreme Court Decision 97Da38442, Feb. 27, 1998).

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