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(영문) 서울중앙지방법원 2020.11.17 2018가단68293
손해배상(의) 청구의 소
Text

1. Defendant B and Seoul National University Hospital jointly with the Plaintiff as to KRW 10 million and its related thereto from August 29, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On August 29, 2016, the Plaintiff visited Seoul National University Hospital (hereinafter “Defendant Hospital”) (hereinafter “Defendant Hospital”) with “the symptoms of the pain scarlet of the hands-on floor continuing for more than one month.” The medical professionals of Defendant Hospital recovered the body from the left side of the Plaintiff by using punch type equipment to conduct the organizational examination.

pununch autopsy, hereinafter referred to as "the instant medical procedure"). The instant medical procedure was conducted by Defendant B, a doctor affiliated with Defendant C, according to the medical instruction of the doctor affiliated with Defendant Seoul National University Hospital. B) From that date, the Plaintiff complained of more than the sense of the above fingers, and the medical personnel of the Defendant hospital conducted the electrical examination of the above fingers, on September 2, 2016. As a result, it was confirmed that the above fingers were reduced by approximately 33% compared to the right fingers of the pertinent subpathy’s activity of the relevant subpathy, and the medical personnel of the Defendant hospital, who did not have any particular hosty or any particular pathy on September 23, 2016, the medical personnel confirmed that the above fingers were the ground for the first instance court’s examination and the first instance court’s evaluation of the 20% of the above fingers.

2. Determination on the application filed against Defendant B or Seoul National University Hospital

A. (1) In the event of the occurrence of liability for damages (liability for tort), the Plaintiff asserts that the Defendant’s side did not fulfill its duty of care to prevent adverse effects during the instant procedure. Therefore, the Plaintiff’s failure to perform his/her duty of care is first examined.

In a claim for damages due to a breach of duty of care in medical practice, the victim's act of medical negligence based on the common sense can not be proved in the course of a series of medical practice in the victim's side, and the result and the result can not change any other reasons except a series of medical practices.

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