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(영문) 서울서부지방법원 2018.08.30 2016나37499
손해배상(의)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Basic facts

A. The Defendant is a public corporation operating the C Hospital located in D city (hereinafter “instant hospital”). The Defendant is an employer of E of the internal medicine specialist who worked as the director in charge in the instant hospital. The Plaintiff is a child of B (F students; hereinafter “the deceased”) who died in the instant hospital, and is the sole heir of the deceased.

B. On March 31, 2015, the Deceased was hospitalized in the instant hospital and received treatment from E from that time, and died on April 4, 2015.

C. E entered the deceased’s death diagnosis form as “patched shock”, and the cause of the direct death as “patched shock” and “patched,” and “patched”.

On the other hand, according to the commission of the first instance court, the medical specialists in the internal medicine who appraised the medical records of the deceased are expressed that the private person of the deceased is highly likely to be the "low-blood shock" caused by excessive ex-outing by the superior minister.

[Reasons for Recognition] There is no dispute, entry of Gap evidence 1 and 2, and the result of each entrustment of appraisal of medical records to the chief of the first instance court, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. If the private person of the deceased’s assertion is a parous shock, E is negligent in conducting blood frating tests against the deceased.

If a private person of the deceased's private person suffers from an excessive blood transfusion, E has not conducted the blood test [one life CBC examination] on the deceased, and is at the fault that delayed the time of blood transfusion for the deceased.

As a result, the deceased was caused by the medical negligence of E.

Therefore, pursuant to Article 756 of the Civil Act, the defendant is liable to compensate the plaintiff for property and mental damage suffered by the deceased and the plaintiff as a performance of employer's liability based on E's tort.

나. 인정사실 1) 망인은 2015. 3. 17. 이 사건 병원에 흑변(黑便, melena 을 보는 증상으로 입원하여 2015. 3. 18. E으로부터 소화기계 출혈 및 위궤양...

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