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(영문) 전주지방법원 2020.01.31 2017가단20441
손해배상(의)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

On October 21, 2011, the Plaintiff received Bosa procedure from the Defendant at Csan Maternian, and received Bosa procedure from the Defendant.

(B) No. 2). On November 1, 2011, the Plaintiff received from the Defendant her hospital the cryptization procedure for a long period of time, the Plaintiff was performing the cryptization procedure.

(B) (No. 2) The Plaintiff received medical treatment at D Hospital on November 2, 201, 201, following the day after he/she had brupted brush surgery, as “the formation of eroposium” (No. 4), and received hospitalized treatment at the pertinent hospital from November 5, 2011 to November 21, 201, when the erosium was brupted.

(A) On November 21, 201, the Plaintiff received hospitalized treatment from the Jeonbuk University Hospital as the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

(A) In light of all the circumstances, such as the medical negligence of the Plaintiff, the progress of the medical treatment and the part of the injury, etc., it is reasonable to deem that the Plaintiff’s injury was caused by the Defendant’s booming procedure.

However, since most of the wrong results exist in the medical practice, the mere fact that the injury occurred as a result of the medical practice cannot be held liable for damages to the doctor, and the fact that there was a doctor’s negligence in the course of the medical practice should be acknowledged in addition to such fact.

However, the evidence submitted by the Plaintiff alone is difficult to recognize that the Defendant breached any duty of care in the course of performing the booming procedure.

In general, in cases where a doctor violates the duty of explanation, such as the process of an operation, etc. to a patient and a medical act that is likely to cause a bad result thereafter, barring special circumstances, he/she shall explain matters deemed reasonable in light of the medical level at the time of the risk, etc. to be anticipated to occur to the patient concerned, unless there are special circumstances.

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