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All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
Reasons
The grounds of appeal are examined.
1. When a doctor provides medical services, such as diagnosis, medical treatment, etc., he/she has a duty of care to take the best measures required to prevent any danger depending on the patient's specific symptoms or circumstances, considering the nature of the service
Such duty of care is based on the level of medical practice performed in the field of clinical medicine, such as medical institutions, at the time of performing medical practice. The level of medical care refers to the so-called medical awareness generally known to, and known to, ordinary doctors at the time of performing medical practice. As such, the normative level should be determined by considering the environment and conditions of medical treatment, the peculiarity of medical practice
(2) In light of the purport of the entire pleadings and the results of the examination of evidence, a nursing assistant may engage in the duties of care assistance and care assistance pursuant to Article 80 of the Medical Service Act and Article 2 of the Rules on Assistants and Medical Care Services Providers (see, e.g., Supreme Court Decision 2009Da45146, Nov. 10, 201). Meanwhile, pursuant to Article 80 of the Medical Service Act and Article 2 of the Rules on Assistants and Medical Care Services, a nursing assistant may engage in the duties of care assistance and care assistance. In such a case, a medical doctor’s assistance refers to providing assistance in subordinate position according to his/her instructions on the premise that he/she becomes the principal agent and conducts medical treatment (see, e.g., Supreme Court Decision 2010Do1444, Jul. 14, 2011).
(Article 432 of the same Act). 2. citing the reasoning of the judgment of the first instance, the lower court acknowledged the facts as indicated in its reasoning, and due to the negligence that the assistant nurse of the mountain father and the council member operated by Defendant C has administered the instant antibiotic system before delivery without the instruction of Defendant C.