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(영문) 서울남부지방법원 2015.05.14 2013가단40494
손해배상(의)
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On March 7, 2012, Nonparty D was hospitalized in an emergency room of the E Hospital operated by the Defendant (hereinafter “Defendant Hospital”) at the address of the upper part of the hospital on March 7, 2012 (hereinafter “Defendant Hospital”) and was receiving a progress observation and treatment, Nonparty D’s shock symptoms caused by acute heart marcing around 01:20 on March 8, 2012, and due to the multiple prolonged marction.

3. 9. 10:07 death.

B. The plaintiff A is the deceased's spouse, the plaintiff B is the deceased's child.

【Ground of recognition】 Facts without dispute

2. Summary of the plaintiffs' assertion

A. The deceased responsible for damages caused by medical malpractice was hospitalized at the recommendation of the medical staff of the Defendant hospital, which requires a close inspection after the inside of the emergency room. However, even if the medical staff of the Defendant hospital attempted to rapidly and continuously eliminate plesing only without changing the medical staff of the Defendant hospital into a habitive strategy, it led to the death of a multiple long-term corrosion because it was impossible to diagnose the Abruptive heart disorder, which is an appropriate treatment method, due to the bruptism between the treatment method and the treatment method of re-satching.

In addition, after the deceased was hospitalized, the medical professionals at the Defendant Hospital did not directly treat the deceased or conduct a close inspection and neglected for 7 hours or more, and thereafter the state of the deceased was aggravated.

Since there was no low-disease disease and there was no obvious risk factor to cause death, it is highly probable that the deceased would not have reached death if the appropriate treatment method and method were promptly conducted.

Therefore, the defendant is liable for compensating the plaintiffs who are the inheritors of the deceased for damages caused by the death of the deceased.

B. The medical doctor in charge of the Defendant hospital’s liability for damages caused by breach of the duty to explain is all or part of the deceased by exercising his right to self-determination, by failing to explain the patient’s condition or treatment direction until the deceased died, and by failing to obtain consent, even if the situation that the patient’s room should be transferred to a serious patient room occurred.

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