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The judgment below
Among them, the part against the plaintiff's property damage shall be reversed, and this part of the case shall be applied.
Reasons
The grounds of appeal are examined.
1. As to the Defendant’s ground of appeal
A. As to the ground of appeal No. 1, even in a case where a claim for damages is filed on the ground that a doctor’s breach of duty of care was an illegal act, there should be causation between the negligence in medical practice and the loss. The burden of proof is borne by the patient. However, since the medical practice requires highly specialized knowledge and it is extremely difficult to find out whether a doctor’s breach of duty of care was committed or whether there was causation between the breach of duty of care and the loss caused, it can be presumed that the symptoms were caused by a patient while the surgery or after the surgery, if indirect facts were proved that there were other causes than medical malpractice in relation to the occurrence of symptoms, and it is difficult to deem that there was any other causes than medical negligence.
(2) On February 12, 2015, the lower court cited the reasoning of the first instance judgment. (2) citing the reasoning of the first instance judgment, the lower court: (a) the Plaintiff complained of both arms and necks before the instant procedure; (b) did not seem to have any special obstacle to the exercise, such as walking before the instant procedure; (c) marcing, which appears in cases where the instant procedure is to be pressured or damaged by the marc connection, which is the place of the procedure immediately before the instant procedure; and (d) the Plaintiff before the instant procedure was conducted, did not have any marcation or marcation; and (e) the Plaintiff did not appear to have any marcation or marcation of the instant procedure to the said Plaintiff at the time of the instant procedure; and (e) the possibility of causing the relevant Plaintiff’s marcation of the marculation, etc., due to the fact that the instant procedure was diagnosed before the instant procedure.