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(영문) 수원지방법원 여주지원 2018.11.29 2016가단3517
손해배상(의)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 25, 2015, while being hospitalized in a hospital operated by the Defendant’s operation on the part of the deceased (hereinafter “the deceased”) and being hospitalized in the hospital for the Defendant’s operation on January 25, 2015, the Defendant’s nursing staff went out to the bed of the bed from the bed to the bed (hereinafter “the instant accident”). In the Defendant hospital, the Defendant hospital took measures to transfer the deceased, who is suspected of cerebrovassis (al hive stimulsive stimuls), to a superior hospital, for the purpose of creating toiletss (hereinafter “the instant accident”).

B. On April 30, 2015, the Deceased died on the ground of an anti-carbon infection around 17:30, while receiving treatment of tuberculosis, scarcity, etc., which is an existing disease at the Aju University Hospital.

C. The plaintiff is the deceased's mother.

[Evidence Evidence: Evidence No. 1 to 4, Evidence No. 1 to 1, and the purport of the whole pleadings]

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant is a person who manages the nursing worker and has the nursing worker pay attention to an abortion accident at the bed of the deceased, who is the patient. Since the nursing worker, as the nurse, left the toilet alone with the deceased, and was on abortion, the defendant hospital, who is the supervisor, is negligent in neglecting the nursing worker's management duty.

The defendant hospital, who has the duty to treat the deceased, has been engaged in occupational negligence as long as it neglected the duty of care to have nurse or nurse manage the deceased well, and there is causation between the accident of this case and the death of the deceased. Even if there is no proximate causal relation between the accident of this case and the death of the deceased, the defendant is liable to pay consolation money for the death of the deceased.

Therefore, the defendant shall pay consolation money and the plaintiff himself to the plaintiff who solely inherited the damage claim of the deceased due to the accident of this case.

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