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(영문) 창원지방법원 2018.10.18 2017나51676
손해배상(의)
Text

1. Of the judgment of the court of first instance, the Defendants in collaboration with the Defendants and KRW 52,737,282 against the Plaintiff A and the Defendants on December 20, 2012.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Occurrence of liability for damages;

A. Defendant D’s summary of the Plaintiffs’ assertion 1) was negligent in medical malpractice at the time of the first and second surgery that caused Plaintiff A to suffer damage to scambling and brain recovery. Defendant D neglected to provide appropriate diagnosis and treatment before and after the second surgery. In addition, Defendant D did not take measures immediately after the first surgery to transfer the Plaintiff to a university hospital, despite the lack of human resources and facilities to treat the Plaintiff at G hospital. Such negligence in medical care caused disability, such as pain after the surgery. 2) In order to determine that the Plaintiff was liable for tort or nonperformance due to the first surgery, it is difficult to establish causation between the violation of the duty of care in medical care and the occurrence of damage, but it is very difficult to establish a medical doctor’s fault in the process of treatment. However, the process of the medical treatment is an area in which expertise is required, and it is extremely difficult to prove that the patient himself/herself was aware of the result of the medical treatment, not only in the case of the patient’s death, but also in the process of medical treatment.

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