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(영문) 인천지방법원부천지원 2020.08.19 2019가단21707
손해배상(의)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff asserted on March 21, 2019, at a hospital operated by Defendant B (hereinafter “instant surgery”), the Plaintiff was subject to the removal of anti-high metals (hereinafter “instant surgery”). The Defendant C anesthesia the Plaintiff, due to anesthesia’s negligence, caused damage to the Plaintiff, which was caused by the Plaintiff’s blood pressure in the anesthesia surgery and the sacratic sacopic sacopic sacopic sacopic saca

In addition, Defendant B bears the employer's responsibility as the employer of Defendant C, and the Defendants jointly assume the liability for damages arising from the tort against the Plaintiff.

Furthermore, Defendant B violated the duty to explain in performing the instant surgery.

2. Determination

A. In the event of a disability caused by medical practice, unless the symptoms were exceeded generally recognized in light of the content and procedure of medical practice, the process of surgery, the degree and degree of merger, the level of medical care at the time, and the degree of care of the medical personnel in charge, etc., in a case where the disability caused by the pertinent medical practice could be caused by a merger of the pertinent medical practice process, or could be caused by the said merger, even if the best measure was taken at the time of the occurrence of the disability, or if the said disorder could be caused by said merger, it cannot be presumed that there was negligence in the course of medical practice solely based on the fact that the relevant disability was caused by its negligence.

(See Supreme Court Decision 2007Da76290 Decided March 27, 2008). B.

In light of the above legal principles, it is not sufficient to acknowledge the plaintiff's above assertion only on the basis of the descriptions of health units, Gap's evidence Nos. 2, 6, and 7 (including paper numbers) and the result of the plaintiff's personal examination. There is no

[E-records (A evidence 6) can be acknowledged to the effect that E, a medical doctor of a DNA hospital, said symptoms have occurred to the Plaintiff by anesthesia, and there is a possibility that anesthesia might occur in the course of anesthesia.” However, anesthesia is deemed to be symptoms caused by anesthesia.

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