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(영문) 서울고등법원 2015.02.05 2013나2021831
손해배상(의)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiffs 25,747,230 won and each of the above amounts.

Reasons

Basic Facts

The related defendant of the parties is an incorporated foundation that operates a towing hospital located in the Yansan-gu Jungdong (hereinafter referred to as the "Defendant hospital") in Jeonju-si.

The deceased A (hereinafter referred to as the "the deceased") is a person who has received medical treatment at the defendant hospital, and the plaintiffs are children of the deceased.

The Deceased was diagnosed at I Hospital around April 2010, and around May 201, at Jwon, respectively, and was diagnosed by blood pressure around February 201.

The Deceased had a habit of habitual drinking, which breathizes two to three diseases a day.

On May 31, 2011, the deceased dices alcohol, and around 20:30, the deceased dices alcohol, and was transmitted by the 119 first aid unit, and was transferred to the Defendant hospital at around 21:03.

At the time, blood pressure was 80/50m Hg and beer, which were 126/minutes and 126m. They were in the state of food confusion, but they were in the state of self-harm movement and communication possible.

이 사건 시술의 시행 경위 피고 병원 의료진은 2011. 5. 31. 21:19경 진토제(鎭吐劑) 맥페란(Macperan)을 투여하고, 22:10경 망인을 내시경실로 이동시켜 22:13경 망인에 대하여 내시경을 시행하여 식도정맥류에 의한 출혈이라고 판단하고, 식도정맥결찰술(Endoscopic Variceal Ligation, EVL)을 시도하였으나 병변 부위에 섬유화 변성(fibrotic change)이 동반된 상태여서 식도정맥결찰술을 시행하지 못하였다.

At around 23:08, medical professionals of the Defendant Hospital implemented the Sengst Senst-Bke cellrebe (hereinafter referred to as “S-B Pib”) using S-B Pib (hereinafter referred to as “instant procedure”).

At the time, the medical team at the defendant hospital expressed the opinion that the deceased should be transferred to an emergency room. However, since there is no empty space in the patient room at the defendant hospital, the deceased re-transfered to an emergency room at around 23:10.

Medical personnel of the Defendant Hospital, on May 31, 201 and June 1, 201, 200:06 and 00:32 on June 1, 201, 1/O of the Deceased’s fluorical quantity, including active and urine effects of the Deceased.

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