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(영문) 서울북부지방법원 2015.08.25 2014가단100297
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On January 27, 1993, the Plaintiff asserted that the Plaintiff received a hydro-nuclear removal surgery (hereinafter “instant surgery”) Nos. 4, 5 in the verteballum ebrate, Nos. 4, 5 in the verteballum ebrate, Nos. 5, and 1 in the Yaem (hereinafter “the instant surgery”).

Since then, we live with reference to the pain of the operation department, and "the second operation below the thropical convergence of the body with 4,5 vertebrate chronology from Balpatha on December 16, 202."

After receiving her, pain was authentic, and the Defendant hospital should have conducted her body fusion surgery at the time, but caused physical and mental pain of the Plaintiff by wrong elective surgery. Since the Plaintiff was aware of the Defendant’s tort on October 201, the Defendant is liable to compensate the Plaintiff for damages caused by medical malpractice.

2. Determination

A. As to the existence of medical malpractice in the Defendant Hospital, the following circumstances acknowledged by the results of the examination of medical records and the purport of the argument of the Seoul Medical Center of Seoul Medical Center of this Court with respect to the existence of medical malpractice in the Defendant Hospital, namely, (i) a false doctor may choose the method of medical treatment as deemed appropriate from among the patient’s situation, the level of medical care at the time, and several measures deemed to be based on his/her professional knowledge and experience in the performance of medical treatment; and (ii) it cannot be said that only one of the results of medical treatment did not deviate from the reasonable discretion and was negligent in taking other measures (see Supreme Court Decision 94Da13046, Jun. 25, 1996).

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