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(영문) 부산고등법원 (창원) 2021.01.28 2020나10179
손해배상
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the appeal.

Reasons

1. Basic facts

A. The status of the party is 1) Defendant D is a father and a medical specialist working in G hospital located in Sungwon-gu, Sungwon-si F (hereinafter “Defendant hospital”), and Defendant E is an employer of Defendant D as the head of the hospital operating the Defendant hospital.

2) The Plaintiff is a person born at the Defendant Hospital at around 00:22 of H date (hereinafter referred to as “the day of this case,” and when only the time is indicated, referring to the time on the day of this case), and C is the Plaintiff’s mother.

B. C’s delivery 1) After the lapse of 29 years of pregnancy, C was regularly examined by the Defendant Hospital for the first time on April 6, 2016 at the Defendant Hospital for the first time on the part of only 30 minutes of pregnancy.

There was no abnormal sign of C and fetus in the process of diagnosis before childbirth.

2) C, on May 30, 2016, who was pregnant 38, 18:30 on May 30, 2016, 199: (a) 18:30 on May 30, 201.

On May 30, 2016, from around 19:30 on May 30, 2016, only C’s portion was proceeded, and several changes were observed at around 00:10 on the day of the instant case, and the Plaintiff was born at around 00:22.

3) The progress records (Lbor Rec, No. B No. 1, No. 8 pages) of the Defendant Hospital recorded the heart stay number of the fetus during the process of delivery C. The 13-time fetus heart stay time measured from May 30, 2016 to 00:20 on the day of the instant case immediately before delivery was between 134 times to 155 times per minute.

(c)

Plaintiff

After birth, 1) In order to assess the Plaintiff’s initial adaptation to life outside the womb of the newborn baby, 1 minutes and 5 minutes after delivery shall be assessed for 1 minutes and 5 minutes after delivery, and 0, 1, and 2 points shall be assessed for 5 items, such as the number of hearts, degree of effort to repulmon, tension, reflective interest, and skin color, respectively.

The AF score measured for one minute after birth is an index to determine the necessity of emergency treatment by determining whether a newborn baby is a new, and the AF score measured for five minutes after birth is important to determine the age of the newborn baby.

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