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(영문) 창원지방법원 2019.08.22 2016가합332
손해배상(의)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts recognized;

A. The Defendant is an incorporated foundation that operates G Hospital (hereinafter “Defendant hospital”) from F of the window of Changwon-si, and the Defendant’s assistant intervenor is an insurer who concluded a liability insurance contract with the Defendant.

Plaintiff

A is the spouse of H (hereinafter referred to as “the deceased”) who died after surgery at the Defendant Hospital, and the Plaintiff B and C are the children of the deceased.

나. 망인의 입원 및 사망 경위 1) 망인은 2015. 9. 6. 23:18 피고 병원 응급실에 내원하여 같은 날 14:00경 벌초하러 갔다가 바위에 부딪혔다고 하면서 오른쪽 무릎의 통증을 호소하였고, 응급실에서 고정 붕대로 응급처치를 받은 뒤 정형외과 진료를 위하여 피고 병원에 입원하였다. 2) 피고 병원의 정형외과 의사 I은 2015. 9. 7. 9:20 망인을 진료한 후 오른쪽 무릎뼈의 분쇄성 골절 등으로 진단하였고, 2015. 9. 8. 16:00 망인에 대하여 척추마취 하에 슬개골 개방적 내고정술(이하 ‘이 사건 수술’이라 한다)을 시행하였다.

3) On September 10, 2015, while being hospitalized in the Defendant Hospital, the Deceased complained of 08:00 crypt and her symptoms, such as pain treatment, etc., and I confirmed the condition of the Deceased, and requested consultation with the Repulmonary organ within 09:46, and requested consultation with the Repulmonary organ within 09:47 blood examination. 4) The Repulmonary organ of the Defendant Hospital and the medical doctor J in 09:47 on the same day, the Deceased instructed 11:06 Deceased to conduct the Repulmonary radiation examination on the Deceased on the same day, and the Deceased 11:25, and then “I start to provide oxygen and antipulmonary resuscitation treatment.”

5 Deceased was charged with 11:30 pulmonary surgery on the same day, and was supplied with oxygen and treated for antibiotics, but the 12:30 oxygen was reduced to 83% and the pulmonary distress was complained of the difficulty.

The medical personnel of the Defendant Hospital shall increase the volume of oxygen and continue to supply oxygen using the oxygen 13:20, while the deceased will be the middle-patient's room.

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