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(영문) 부산지방법원 2017.06.14 2015가합44833
손해배상(의)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) is a deceased person who received medical treatment at the Yangsan National University Hospital operated by the Defendant (hereinafter “Defendant Hospital”). The Plaintiffs are the deceased’s children.

B. On April 13, 2015, at around 14:30 on April 13, 2015, the Deceased was found to have her left back and was transferred to the emergency room of the Defendant hospital on the same day on the same day.

C. The medical team of the Defendant Hospital diagnosed the Deceased with an outer blood transfusion from the left rear side of the deceased, etc. on April 14, 2015, from around 05:18 to 08:00, the medical team of the Defendant Hospital performed the surgery, etc. (hereinafter “instant surgery”).

The medical personnel of the Defendant Hospital, after completing the above operation, administered the Deceased from around 10:00 on April 14, 2015 to the Deceased, immediately after the Deceased was broken out from anesthesia, and administered the Ultiva, which is a narcotics-related clinical control, and additionally administered the Ultiva, which is the highest face-to-face dysium in the midest area where the Deceased’s body is connected, whenever it shows symptoms, such as where he or she is required to remove the dysium and liquid dys, etc. connected with the Deceased.

E. After that, the deceased’s physical condition was restored, except for those showing unstable and violent symptoms, and the medical staff of the Defendant Hospital moved the deceased from the hospital to the general sick and sick ward on April 20, 2015.

F. On April 22, 2015, around 16:40, the medical personnel of the Defendant Hospital confirmed that the Deceased had no voluntary respiratory and food, had symptoms of chronological symptoms, and conducted cardiopulmonary resuscitation, etc., but the Deceased did not return to the consciousness, and died on May 15, 2015.

【Fact-finding without a dispute over the grounds for recognition, entry of Gap evidence 2-1, 2, Gap evidence 7, and 8, and the purport of the whole pleadings

2. The assertion and judgment

A. Since the medical personnel at Defendant Hospital asserted by the Plaintiffs died in violation of the following duty of care, the Defendant is liable to compensate the deceased and the Plaintiffs for the damages suffered as the employer of Defendant Hospital’s medical personnel.

(1) The U.S.A. shall be charged with the advanced control of narcotics.

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