(영문) 청주지방법원 2013.11.27.선고 2013가합1485 판결

1. The Defendants pay 45,356,390 won to each of the Plaintiffs ○○○○, 44,095,462 won to the Plaintiff ○○○○, and 20% interest per annum from October 14, 2012 to November 27, 2013, and 20% interest per annum from the next day to the day of full payment.

2. The plaintiffs' respective remaining claims against the defendants are dismissed.

3. Of the costs of lawsuit, 2/3 of the costs of lawsuit are borne by the Plaintiffs, and the remainder by the Defendants.

4. Paragraph 1 can be provisionally executed.

Purport of claim

The Defendants jointly and severally pay to the Plaintiff ○○○ KRW 136,301,611, Plaintiff 133,149,291, and each of the said amounts to the Plaintiff ○○○○○ at a rate of 5% per annum from October 14, 2012 to the date the instant judgment is rendered, and 20% per annum from the next day to the date of full payment.

Reasons

1. Basic facts

A. Status of the parties

The plaintiffs are the parents of the newborn baby who died after birth (hereinafter referred to as "the newborn baby in this case") at the king of the dedicated to the dedicated to the dedicated to the dedicated to the defendant's joint operation of the defendant (hereinafter referred to as "the defendant member").

(b) Results of diagnosis before delivery;

On February 8, 2012, as the early childbirth of 00 years of age, the Plaintiff ○○○○ was a pregnant woman and had the pregnant woman undergo a pregnancy diagnosis. On October 12, 2012, both the mother and the fetus were given normal opinions in the pre-industrial medical examination, and at the time, the weight of the fetus was 3.5 km.

1) Around 20:55 on October 13, 2012 (the 39th 5th day of pregnancy), the Plaintiff ○○○○○○○ was in a fixed progress, and the Defendant Council member was brought to the Defendant. The Plaintiff ○○○○○○○○ was in a state where the 3cm landscape was opened at the time of the Plaintiff ○○○○○○○○○○○ was in a state where the average diameter of 10cm was changed (the head in the normal part) and the 10cm of the fetus was in a large diameter, and the 1 minute was in a complete outline, and the 2 minute thereafter was in a part, until the scenery was completely opened.

2) From October 22:30, 2012, the Defendant started only the inducement using the instant newborn baby to the Plaintiff △△△△△△△△△, a self-fashtocin, from October 13, 2012. At around 00:00 on October 14, 2012, the Defendant attempted to move the Plaintiff △△△△△△△ to the part of the part of the Plaintiff to the part of the part of the Plaintiff on October 14, 2012. However, on October 14, 2012, around 0:50, the Defendant attempted to inhale the part of the Plaintiff’s newborn baby into the part of the part of the Plaintiff △△△△△△△△△△△△△△, which was the part of the Plaintiff’s part of the part of the Plaintiff △△△△△△, which was the part of the Plaintiff’s part of the part of the Plaintiff △△△△△△, and attempted to inhale the part of the Plaintiff’s body.

3) Notwithstanding the City/Do of inhaled delivery, the head of the instant newborn baby does not go out, and the Defendant ○○ explained the necessity of the king operation to Plaintiff ○○○ on October 14, 2012, around 00:50 on the same day, and around 01:05 on the same day, the instant newborn baby was given birth of 3.53km, 54 meters in weight, 54 meters in height, 37cm in height, 01:19 on the same day.

(d) The state of the newborn baby of this case immediately after the birth;

1) On the date of birth, the new infant in the instant case left a little color with the overall flag, left a little amount of early flag, left a little amount of early flag, 168 powdered, and 64 powder pulmonary flaged, and 1-minute Ap of the instant newborn was assessed as 7, and 5-minute Ap, 9.

2) On October 14, 2012, the Defendant: (a) conducted a medical examination of the condition of the newborn baby of this case on or around 02:00; (b) provided the nurse in charge with a single-hour quantity of oxygen, while keeping the newborn baby of this case, and (c) instructed the nurse in charge to remove the measuring device of the oxygen level; and (d) did not take any inspection or special measures on the two parts.

3) 담당간호사는 2012. 10. 14. 03:30경 피고 ◎◎◎의 지시에 따라 이 사건 신생아 에 대한 산소공급을 중단하였는데, 03:35경 이 사건 신생아의 산소포화도가 60 ~65% 로 급격히 저하되었고, 이 사건 신생아는 2012 . 10. 14. 03:53경 울음이 없고 늘어지면서 전체적으로 호흡이 약하며 피부색이 나빠지고 얼굴이 창백해지는 등 전신상태가 악화 되었으며 , 분당 심장박동수가 118회, 분당 호흡수가 48회가 되었다. 담당간호사가 2012. 10. 14. 03:56경 이 사건 신생아에게 산소 2ℓ를 투여하였으나, 이 사건 신생아 는 산소포화도 70~80 % 의 극심한 저산소증 상태에 있었다. 그 후 피고 ◎◎◎이 2012. 10. 14. 04:00경 이 사건 신생아에 대하여 앰부배깅(ambu- bagging, 산소마스크에 연결 된 고무주머니를 직접 손으로 짜주어 체내에 산소를 공급하는 행위)을 하였지만 산소 포화도는 지속적으로 불규칙하게 저하되었고, 2012. 10. 14. 04:03경 이 사건 신생아의 분당 맥박수는 71~80회가 되었다. 피고 ◆◆◆은 2012. 10. 14 . 04:08경 기관내 삽관을 하였고, 피고 ◎◎◎은 원고 ○○○에게 원인을 모르겠으나 부종 때문인 것 같다고 말 하였다.

(e) Progress after the transfer of the hospital of Chungcheong National University;

A Council member, around 04:30 on October 14, 2012, the Defendant: (a) transferred the instant newborn baby to the 119 Emergency Medical Center; (b) the instant newborn baby arrived at the Hospital of the Chungcheong University around 04:42 on the same day; (c) the instant newborn baby arrived at around 04:42 on the same day. The instant newborn baby was born at the time of electric power generation, and was born at the rate of 30%; and (d) the clibation rate was observed on the two parts. The medical personnel at the Hospital of the Chungcheong University conducted the cardiopulmonary resuscitation by treating the instant newborn baby as a heart and an emergency medicine in an engine tube and a beer; (b) however, the instant newborn was still subject to the clibism at around 04:54 on October 14, 2012; and (c) the instant newborn was still subject to the clibal resuscitation at around 30:54 on the same day.

F. The result of the autopsy on the newborn baby of this case

As a result of the autopsy, the body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body

G. The record status of the Defendant’s newlyborn child of this case

1) The Defendant Council member, from October 13, 2013 to 23:39 of the same day (one hour to 48: 56 seconds), was using an electronic monitoring device for the surveillance device of the Plaintiff from around 21:51 to 23:39 of the same day, measured the level and frequency of the self-gradation and the frequency, and recorded the scale of the opening of the self-gratory landscape in the nursing record book, and there is no evidence to prove that the Defendant Council member conducted the measurement of the fetus strength, the self-gratium room, and the self-tension, on the ground that there was no record record that the Defendant Council member conducted the measurement of the fetus strength, the self-gratium room, and

2) In the case of a normal pregnant or nursing woman who does not have any special risk factor, the fetus is to be observed at intervals of 30 minutes. In this case, there is no record that the fetus is measured from around 20:5 on October 13, 2012 to October 14, 2012, and it is difficult to recognize that the Defendant Council member conducted the above measurement at the instant newborn baby.

3) The Defendant did not record the Defendant’s measurement of the size of the aggregate or the size of the two embryos of the two embryo in the mountain examination before October 2012, 2012.

(g) Relevant medical knowledge;

(i) the process of childbirth and settlement disorder;

The process of delivery shall be divided into three parts in common. The period of delivery shall begin with the loss and the outline of the Rose of Sharon by the 1st century, and it shall be from the time to the time to the time to the time to the time to the time to the time to the end of the complete (10cm) of the Rose of Sharon landscape so that it may pass through the Republic of Korea, which, again, shall be divided into the active period, which shows the highest price for the opening of the locking flag (0-3 to 4cm) in the preparation period until the opening of the Rose of Sharon landscape is activated, and it shall be the period from the complete opening of the fortress of the first time to the delivery of the fetus, and the period from the time to the time to the time the fetus and the fetus is delivered, which means the period from the time to the time to the time to the time to the time to the delivery of the fetus and the fetus.

settlement disability means a case where the outlines of the eromatic virative flag (if the eromatic erogrative erogrative erogrative erogs are active) of the one-time period do not occur over two hours or where the advanced subgrative erogr

2) Abdualopelvic CPD)

The imbalance between the two-half half and half-half of a fetus is being diagnosed in cases where the size of the fetus's head is so large that it is difficult to reach a normal natural part because it is compared to the upper half of the mother's mother, and there is a difference between the eropologic dual dual dual duals and the dual dual dual dual dual dual dual dual dual dual dual dual dual dual dual dual dual dual dual dual dual dual dual. However, if the diagnosis results are conducted through the diagnosis by internal dual dual dual dual, the diagnosis results are limited to that by reporting that it is related to a dual dual dual dual mar dual dual dual dual dual dual dual dual dual dual dual dual m.

However, if the progress of delivery is found to be settled due to the balance between Abduals and abalone power due to a balone-fluoral disorder, etc. by the two parts' continuous pressure, excessive reduction of the supply of oxygen by her mother body, which leads to the reduction of oxygen supply of her mother body, and the increase in the volume of blood of her brain room and her maternal dystrophal dys. Furthermore, cerebral macy or death after brain damage can be caused by her cerebral dystrophy or death. Thus, when only natural dystrophism is found to be in progress and settlement, she shall immediately implement salphical dys when there is a concern that her fetus, such as the above, might be caused by the outbreak.

In the case of delayed disability (in the case that the opening of the old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-gu old-

(iii) Apgar Score;

A. Five items of A, P, G (grie, anti-activ, activityivity), R, respectively, shall be given more than ten points to assess the condition of a newborn baby at the time of childbirth on the basis of a total of 10 points, 10 points within 7 points, 10 points and less than 6 points, and 0 to 3 points and 4 to 6 points are double-schoolwork. One minute A points are determined as a standard for determining whether there is a housework and whether an emergency medicine is necessary, and one minute A points are determined as one-6 points to assess the condition of a newborn baby at the time of childbirth on the basis of a total of 10 points. However, five minute A points are determined as one-6 points to assess the condition of a newborn baby's birth, and one-6 points to assess the condition of a newborn baby's birth and 4 points to be used in the first half of the first half of the first half of the first half of the first half of the first half of the first half of the first half of the first half of the new life.

(iv) inhaled delivery;

The term "durgic part delivery" means the part delivery method in which the head of a fetus changed into the World Cup is changed depending on the negative pressure because the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

In the case of a malute's adaptation for inhaled delivery, where the mother is intended to reduce the time for two deliverys by having a disease, such as a cardio-cerebrovascular or cerebrovascular, or by having it seriously, or where the two part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part.

The timing of inhaled delivery can increase the possibility of scenic heat that can be tried as necessary even before the Giman-cincincinc incinc incinc incinc incinc incinc incinc incinc incinc incinc incinc incinc incinc incinc incinc incinc incinc incinc incinc incinc incinc incinc incinc incinc incin

It is effective that it is made within the 4th old-age axis, and if only a subdivision is not supported by a 4th City/Do, it shall be conducted re-evaluation of the delivery method. The summer shall be evaluated after the reduction of the old-age season, and if an appropriate measure is not taken, it shall be evidence of the imbalance of the Abduum.

In the case of a merger of an unreasonable inhaled delivery, there may be two skins, spokes, two bloods, a heroopic blood, two-resistant heroopic blood, a new heroopic blood, etc., and serious mergers may cause an maternal heroop and cerebral heroopic blood, etc., accompanied by an embryo and fetus family. Therefore, it is necessary to observe regularly and systematically after delivery.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1, 2, 3, 6 through 9, Eul evidence Nos. 1 through 7, the result of the request for the examination of medical records to the director of the Chungcheongbuk University Hospital and the result of fact-finding, the purport of the body before oral pleadings

2. The assertion and judgment

(a) Occurrence of liability for damages;

1) Grounds for liability

A) Principles

In performing medical acts, such as medical examination and treatment, a physician has the duty of care to take the best measures required to prevent risks depending on the patient’s specific symptoms or circumstances in light of the nature of duties, and the doctor’s without such care shall be based on the level of medical acts performed in the field of clinical medicine, such as medical institutions, etc. at the time of performing the medical act. The level of medical care refers to the so-called medical awareness generally known to, and being recognized by, ordinary doctors at the time of performing the medical act. Thus, the level of medical care should be determined at a normative level in consideration of the environment and conditions of medical treatment, the unique characteristics of the medical act, etc. (see, e.g., Supreme Court Decision 2004Da13045, Oct. 28,

B) Determination as to whether the duty of inspection prior to delivery has been neglected

(1) The plaintiffs' assertion

The defendant Council member has a duty of care to diagnose whether the mother is natural or not in the process of pre-industrial medical examination or whether the king operation is to be performed in a balance between the two and half sides, and it is negligent in failing to perform it properly, thereby causing the death of the newborn baby of this case.

(2) Determination

On October 12, 2012, the fact that there was no record of half-indemination in the mountain report records on Plaintiff 1 Do○○○○ University on October 12, 2012, and the fact that the head of the fetus was not limited to the natural portion as the Plaintiff’s mountain village in the process of delivery of the newborn baby in this case was acknowledged as above. However, the record of the evidence No. 1 and the court’s examination of the medical record as to the head of the Chungcheongbuk University Hospital in this court’s request for examination of the medical record as to the head of the hospital in Chungcheongbuk University in this court, i.e., the examination of the aggregate anti-indemination, etc., can be conducted. However, in the course of delivery, the size of half-indemination has changed, and the head of the fetus also has changed in the shape of half-indemination, in light of the fact that there is no way to diagnose the two half-indemination, the above part of the prosecutor’s assertion by this part alone is difficult.

C) Determination as to whether the transitional observation obligation has been neglected during the delivery

(1) The plaintiffs' assertion

In spite of the fact that the Defendant’s Council member conducted the king operation by making a judgment as to whether the king operation is balanced through the progress observation during the one-year period of the Plaintiff’s delivery, the Defendant was negligent in making a decision on the king operation by making the instant newborn baby death by making a decision on the king operation at the latest while making a decision on the king operation without examining the intensity of the fetus, the spawnosis room, the spawnife, the spawnife, the gap between the spawnin and the frequency, etc.

(2) Determination

Considering the overall purport of the argument of the Plaintiff’s request for the examination of the medical records for the head of the Chungcheongnam University Hospital, it is difficult to see that the following circumstances were recorded in the nursing record for at least one period from 20:5 p.m. to 0:0 of Oct. 14, 2012, and that there was no record of the alteration of the life style in the nursing record for at least 1:0 p.m., it is difficult to see that there was no record of the 1:5 p.m., even if there was no record of the remaining life of the Plaintiff’s remaining life-long, it is difficult to see that there was no record of the 1:5 p.m., in comparison with other medical records, it is difficult to see that there was no record of the remaining life-long landscape of the Plaintiff’s 1:5 p.m. or that there was no record of the remaining life-long and remaining after 3:0 p.m. of the 1:00 p.m.

D) Whether to neglect the duty of care in the transitional observation and emergency measures of the newborn baby of this case

Judgment

(1) The plaintiffs' assertion

The Defendant 204:30 on October 14, 201, 2000, 2000: (a) the Defendant 200 chip 204, 2000, 2000, 2000 chip 60-65% of the birth rate of the instant newborn baby; (b) the Defendant 200 chip 203:53,000, 2000 chip 203:00,000 chip 206,000,000 chip 203:0,000,000 chip 20,000 chip 20,000,000 chip 20,000 chip 20,000,000 chip 20,000 chip 20,000.

(2) Determination

Comprehensively taking account of the overall purport of arguments and arguments as to the records of evidence No. 6, Eul evidence No. 6, and the results of the medical record appraisal request for the head of the Chungcheong University Hospital in this court, the possibility of damage to the two parts of a fetus in the case of natural delivery using the same apparatus as the two parts of a fetus or inhaled delivery delivery shall be assessed. In the case of an maternal dysing transfusion, there are symptoms, such as the increase of the head of the body and the head of the body, and there is a possibility that mass transfusion may occur in the case of an maternal dysing transfusion, it is essential to observe the fast progress when it is judged that a large volume of blood transfusion is in a state of an empty transfusion, and in the case of a newborn baby, it may be recognized that there is a characteristic that causes low oxygen and blood salopic disorder in the case of a newborn baby.

In addition, as recognized earlier, the new infant was born through the king operation with only 0 0 minutes delayed 20 minutes after the 0th century. Despite the fact that the new infant’s pulmonary condition was determined to be the pulmonary condition of the new infant, even if the 0th new infant’s pulmonary condition was determined to be the 0th day after the 0th day after the 0th day after the 5th day after the 0th day after the 5th day after the 0th day after the 5th day after the 0th day after the 5th day after the 5th day after the 0th day after the 5th day after the 5th day after the 5th day after the 5th day after the 5th day after the 5th day after the 5th day after the 5th day after the 5th day after the 5th day after the 5th day after the 5th day after the 5th day after the 5th day after the 6th day after the 5th day after the 6th day after the 6th day after the 6th day after the 0th day after the 2 new infant.

E) Presumption of causation

In light of the following circumstances, which are acknowledged as having a comprehensive purport of the entire arguments in each of the above facts, i.e., the Plaintiff Dou-gu and the fetus were diagnosed as having good condition at the time of diagnosis before delivery, and as a result of autopsy, the Defendant 2 attempted only inhaled the instant newborn baby in the course of leading delivery, and the Defendant 2 attempted only the instant newborn baby in the process of inducing delivery, and met the instant newborn baby due to the king operation. During that process, there is a high possibility that the instant newborn baby may suffer from her hair and her hairing, and ③ the distance between her hair and her hair was found to have been all of the conditions of the Plaintiff Dou-gu and the fetus at the time of diagnosis before delivery, and the Plaintiff could not have been found to have been found to have been born at an early stage due to the Defendant’s negligence on the part of the Plaintiff’s death, and thus, the Defendants could not have been found to have been found to have been born at all other than the Defendant’s negligence on the part of this case.

2) Limitation on liability

However, medical practice is an act of treating a patient through professional knowledge and advanced treatment, and the symptoms of the patient should change from time to time and accordingly, the treatment should be taken accordingly. Furthermore, the determination on the treatment is based on sufficient clinical experience and high level of academic expertise, so wide discretion is granted to the doctor, so it is highly likely that risks may occur at the time of childbirth since the first childbirth of the old state. Medical practice entails physical infringement in essence, and in particular, even if all technologies are given in childbirth, it is a highly dangerous act that does not lead to unexpected results. In light of the above facts, it is reasonable to limit the liability of the Defendants in accordance with the good faith or the principle of equity, and such ratio is 40% of the total amount of damages.

(b) Scope of damages;

(i) lost earnings;

The loss of lost income equivalent to the monetary total assessment value of the capacity to operate in the instant accident is KRW 182,977,312, calculated at the present price at the time of the instant accident, based on the method of deducting intermediary interest at the rate of 5/12 per month, as follows, based on the facts of recognition and assessment as follows:

A) Facts of recognition and evaluation;

(a) Gender: Male;

Date of birth: October 14, 2012

Age: 0 years of age (newborn) as at the time of an accident.

(b) Residential living zone: A city;

(4) The operating period and the number of days: The newborn baby of this case completed military service and fully reaches 22 years of age;

From October 14 to October 13, 2072, 456 months of age 60.0

22th day of each month

(e) Deduction for living expenses: 1/3 of income;

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 5, the purport of the whole pleadings

B) Calculation

80,732 won x 22 days x 154.5326 (No. 332.359 - 264 months

Korea HS heading index 177.8033) x 2/3 =182,977,312 won (turf less than won; hereinafter the same shall apply)

2) Medical expenses and funeral expenses

A) Expenditure: Plaintiff 1 ○○○

B) Expenditure: 3,152,320 won (i.e., medical expenses of KRW 152,320 + Funeral expenses of KRW 3,000,000)

[Ground of recognition] Unsatisfy, entry of Gap evidence 6, rule of experience, purport of whole pleadings

3) Limitation on liability

(A) Liability ratio: 40%

B) Calculation

lost income loss 182,97,312 won x 40/100 =73,190,924 won

Funeral expenses and medical expenses 3,152,320 won x 40/100 =1,260,928 won

4) Consolation money

A) Reasons for taking account of the above: The degree of negligence of the defendants, the newborn baby of this case and the plaintiffs

Various circumstances revealed in the instant argument, such as strike relations, etc.

(b) the determined amount;

Newborns of this case: 10,000,000 won

Plaintiffs: 2,500,000 won

5) Inheritance relations

A) Property successor: The plaintiffs

B) Shares of inheritance: 41,595,462 won =83,190,924 won = 73,190,924 won for lost income + 190,924 won for lost income

[10,000,000] x 1/2]

C. Sub-committee

Therefore, the Defendants have a duty to dispute over the existence and scope of the Defendants’ obligations to perform from October 14, 2012, which is the date of the death of the newborn baby of this case, to set forth in the Civil Act as follows: (i) KRW 41,595,462 + KRW 1,260,928 + KRW 2,50,000 + KRW 462 + KRW 44,095,462 (i.e., KRW 41,595,462 + KRW 2,50,000 + KRW 2,50,000), and each of the above amounts; (ii) KRW 5% per annum as stipulated in the Civil Act until November 27, 2013, which is the date of the issuance of the judgment of this case; and (iii) KRW 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

3. Conclusion

Therefore, the plaintiffs' claims against the defendants are justified within the scope of the above recognition, and each of the remaining claims is dismissed as it is without merit. It is so decided as per Disposition.

Judges

(Presiding Judge)

Efforcence

Park Jong-jin

Note tin

1) The 4/10,000 of maternal blood transfusions shall come into effect by natural delivery (see, e.g., written evidence No. 4).

참조조문

-민법

-소송촉진 등에 관한 특례법

참조판례

-대법원 2005. 10. 28. 선고 2004다13045 판결

유사 판례

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-대법원 2010. 5. 27. 선고 2006다79520 판결