2012 Gohap8010 damages, et al.

1. A;

2. B

3. C.

4. D;

Plaintiff 4 is a minor, and the legal representative A

1. E.

2. School juristic person F;

October 23, 2013

November 13, 2013

1. The Defendants jointly and severally pay to Plaintiff A 27,181,253 won, Plaintiff B, C, and D 15,987,502 won, respectively, and 5% interest per annum from September 30, 201 to September 11, 2013, and 20% interest per annum from the following day to the date of full payment.

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

3. One-half of the costs of lawsuit are assessed against the Plaintiffs, and the remainder is assessed against the Defendants.

4. Paragraph 1 can be provisionally executed.

The Defendants shall pay to each of the Plaintiffs A 49,605,113, Plaintiff B, C, and D 34,403,409, respectively, with 5% interest per annum from September 30, 201 to the service date of a duplicate of complaint, and 20% interest per annum from the next day to the day of complete payment.

1. Basic facts

The following facts are not disputed between the parties, or can be acknowledged by taking into account the following facts: Gap evidence 1-2, 3, Gap evidence 2, 3, 4, Gap evidence 6-1 through 10, Gap evidence 8-1, 2, Eul evidence 8-2, Eul evidence 2, 3, and 5, the results of the request for the examination of medical records to the G hospital of this court, and the results of each fact-finding to the president of H University Medical Research Institute of Korea, respectively.

(a) The relationship between the parties;

On September 21, 2011, the deceased I (hereinafter referred to as the “the deceased”) was killed in the course of the hospital treatment after he/she received a shock-free treatment from the Defendant E, a medical specialist, at the J (hereinafter referred to as the “Defendant Hospital”) operated by the F of the Defendant School Foundation, from the outside medical specialist. The Plaintiff A’s husband, Plaintiff B, C, and D are the deceased’s children. B. The process of the operation and treatment at the Defendant Hospital.

1) From around September 9, 2009, the Deceased was a person who took a pressle, which is an anti-cerebral blood plate (Pletaal Tb.) due to the blood dystrophism on the left-hand bar and the left-hand beer, and around September 9, 201, the Deceased used a hysical control on the hysium, but the hysium was serious, and the hysium was applied to the Defendant Hospital on September 20, 201. (2) The Defendant E diagnosed the deceased on September 21, 201 as a hysium CT shooting of the hys of the deceased, which was conducted on the day of the hysium, and the blood test conducted on September 21, 201, blood test, and the blood hysical complex test conducted the operation on the same day (hereinafter referred to as “the operation”). From September 20, 2011, the deceased inserted the hysium to prevent the hysium.

3) The main symptoms, inspection details, results, treatment details, etc. of the Deceased after the instant surgery are as follows.

○ From September 21, 201 to 16:00 up to 110 cc emission from the exhaust pipe by 110 cc.

- The appeal, simple urology, and light 100 cc emission at 20:00 clocks, with no heat, that it is hard to flock a part of the lower part of the urcium without emitting urcium;

○ On September 22, 2011 - around 01:00, observation is made of fluoral fluoral fluoral fluoral fluoral fluorals, and as a result, cluoral cluoral urbane

- From 19.22. 06:00 to 405cc discharge, i.e., exhaust pipes

- Provisions, such as gas bombom, anatropha (botropha, zineotropha), DNA play (Dickol, heat, dusting, salting agents), paradoxon (Fazidone, mainly boming and antibiotics that act on voice germs), etc.

September 23, 2011

- 9.22. 06:00 to 9.23. 06:00 to 000 55C discharge.

- Blood tests: Hague-ro 8.67g/dl (on : 12-17g/dl) and 6.62K/l(on 4-10 K/ul)

- At 20:00 above-mentioned disinfection boxes, operation incidental pains appeal boxes;

- At approximately 23:50 telegraphic pains, air conditioners appeal boxes, 1 ample-ample ample-flaps.

- Pretings, such as Botropha, DNA play, and paradon;

○ On September 24, 2011

- 9,23. 06:00 to 9. 24. 24. 06:00 c discharge in an amount equal to 30c discharge.

- - Removal of cathosomes around 06:40

- Not more than 12:00 but not more than 12.00 severe pains are air-emitting, natural urcination, and there is no severe pain.

- Not less than 19:30 Oral and heat pots, 37.5°C and 1 ample-ample-flocks.

- prescription, such as paradon and dike;

○ On September 25, 2011

- 9. 24. 06:00부터 9. 25. 06:00까지 배액관 25cc 배출소변볼 때 찌릿한 통증 계속된다고 호소함, 진통제 맞은 후 통증 완화됨 혈액검사 : 헤모글로빈 9.01g/dℓ, 백혈구 4.28K/k

- Small urine urine and urine cellology test: Normal conditions

- prescription, such as paradon and dike;

September 26, 2011

- 9. 25. 06:00 to 9. 26. 26. 06:00 c emission in an amount equal to 3c emission.

- 06:00경 자연배뇨시 불편함 계속되고 복부와 옆구리 쪽으로 콕콕 찌르는 통증호소함

- - Bronterus et al. at 09:30 terurologys

- At around 10:30 Modern urinium insertion, urine urbination, and removal of urbinium after treatment.

- - 11:30 Dried kidney, kidney, and breadne-wavey: Normal conditions;

- At 13:30, 13.30 and 1 ample ample fluor, ample fluor, freeboard fluor, freeboard.

- - Fire extinguishing at about 20:00 at about 36.9C, 64 times and molecule at about 64 minutes (the normal range: 60~80 minutes), 20 times/minutes (the normal range: 16 times/minutes), blood pressure of 120/80mHg (the normal range: 120/80mHg), Mexico (the use of medicine for fire extinguishing engine, medicines for food bather, Gu soil area, area, duney, duneying symptoms) 1 amplle, etc. after blood testing, and to observe after the progress of blood testing.

- prescription, such as paradon and dike;

○ On September 27, 2011, at around 05:30, lakes that are too hearted, 38.7C. 38.7C. Madle 1 ample fluor, 72 times, cambling 72 times, 20 times, blood pressure pressure 130/90 p.m., 130/90 Hgs, body string strings, and strings, and the strings: Hemogle-ro 9.58g/de, 00 K/ of 15.20K/ of legagle-ro.

- The appeal of about 10:00 that the whole part of the right side (side), the body temperature of 36°C, beer 66°Cambling, 20 times, blood pressure of 130/60mHg, mountain hexag, 1 ample 1 ample ample flag, dikele flag, all of which are 10:00;

- The lake and marsh that there is a strong distance between 11:30 metres and a strong blater, food has his blood, her blood, active and oxygen grance, Demerol, 50 grocks (Control of Narcotics, Narcotics Control) 50 grocks

- Of 12:00 Sponsed fluorcin symptoms, fluorcin symptoms

- the additional prescription of 14:00 Before urology with urology, bather and arbitrology;

- Outer 16:10 Hashes appeal and appeal with severe pains on the surface of the earth and the right, X-ray inspection (suspects suspicion of national pulmonary color)

- Before 16:20 Non-Gradin inserting pipes (e.g., duplicating gas and suplicating in a part of a patient), urology and ex-anteitation;

- prescription, such as soft money, Clamox (clabin, clab training, mainly an anti-biotic product acting for voice germs), clanza-S Soft Clan, pyrmothr (herop, heat, dust, and salt), DNA play, and chlorateidine (narcotics dust control), etc.

September 28, 2011

- - At 06:00 physical temperature 37.2C, non-existent

Blood tests: Hague 10g/l, 00K 5.10K/

- - Fluorging booming around 08:00

- Around 15:30 15.30 Malgraon, Jin, Batching, or fatching in the vicinity of the mouth of civil affairs] Algraon 1 amprol, amprol, amprol, amprol, fatl, 1 amprol, amprol, amprol, amprolidine (mor for fire extinguishing equipment) at around 20.00: Poslgraon, fatl, 1 amprol, amprol-rady test: National pulmonary suspicion

- prescribings, such as pagodles, crodials, Crhos-Estrokes, DNA play

on September 29, 2011 - - At 06:00, blood pressure of 80/40m Hg, Huuriurigue No.

- At 09:00, at the right right gate, and at the right right gate, continuous appeal

- Neither 09:10 nor 09.10 Sychopathy in connection with Hepathy

- - Not more than 11:30 physical temperature 39°C, 1 amplle-ample-flocks

- A small number of 13:20 Sheets that seem to have a small number of 13:20 Sheet, right side urgical rash, rash, and a long-term flag.

- Along 14:00 M&V inspection: Along 14: M&I inspection at the T. B. M. M. M. M. M.: C. 4-5 in the T. B., E. B., No. 4 in the T. B., E., E. B., No. 5 in the T. B. and C., a wide range of diskss in the T. B., No. 5 in the T. B. and C., No. 5 in the T. B., and the prescription for food treatment and eating.)

- there is no symptoms appeal, heat, and active gas that the long-term whole of the Appin gas of about 20:00 showed that the ship does not live, as a whole, because the ship does not live.

- prescribings, such as pago, Crash, Crathos, Crathos, scare, and DNA play;

○ On September 30, 2013

- - Refecting of 03:00 refacing and skining to the refacing part of the refacs;

- From 07:00 to observe the progress after infection of girred girs, grred girred gird gird gird gird kird kird kird 36°C, 36°Cred 72 times, bred hird 20 times, blood pressure 90/50mHg, blood pressured 76mg/dldld glird

- - 11:10 Wori MIM inspections

Dkle 1 ample ample, ample 1 ample ampls

- At around 12:30, 12.30 the symptoms of the Obag, bag, bags of the Ab

- - 13:30 Lasix (Lasix, urineogens) clodice injections around 13:30

- - 13:40 Myepathic negopathics

- 14:30경 얼굴 창백하며 약하게 경면(眠, Somnolence, 꾸벅꾸벅하는 상태에서 큰 소리로 부른다던가 손을 꼬집는다던가 하는 상당히 강한 자극을 주면 각성으로 되돌아갈 수 있는데, 방치하면 다시 본래의 상태로 되돌아오는 의식혼탁의 상태) 상태, 양쪽 사지 창백함, 혈당 77mg/dl, 혈압 체크 안됨, 산호 포화도 측정 잘 안됨, 5% 포도당 500cc 및 트로핀 정맥 주사함, 심전도 및 흉부 방사선 검사, 산소포화도 85%

- - From 15:20 Madbling 160 / Sector, pulmonary 40 humbling, humbing, and humbing.

- From 16:10 up to 15 up to 16:10 up to 15 up to 15 up to 15 up to 10 up to 15 up to 10 up to 10 up to

- Measures to transfer to K Hospital around 16:15

C. Death of the Deceased

On September 30, 2011, the Deceased was transferred to K Hospital at around 16:31, and on the same day at around 21:47 on the same day, the Deceased died from pulping shocks caused by dypring Flasitis (hereinafter referred to as “the medical professionals of this case”).

(d) The progress of criminal proceedings against Defendant E;

Defendant E was prosecuted on the charge of occupational injury, death, etc. in relation to the instant medical accident, and was sentenced to a fine of KRW 10 million on August 1, 2013 by being convicted of the facts charged in the Busan District Court Decision 2013Ma1393, which became final and conclusive on August 9, 2013.

(e) The causes and symptoms of the typheroid infection, etc. may occur from a small level of injury or injury after an operation, such as symptoms and symptoms, etc., and may occur in connection with the recent swimming, delivery, and nearby tension, etc. The most traced cause germs are either alone (slurine sult) or suspected men. They occur in the surgical system of the skin, such as fiber tissues, and have been surgical organs such as fingers, handout, and surgical organs, etc. The infected body is surged, surged, surged, and surged. In the absence of medical treatment, the skin body shall be 36 hours after 36 days after the surgery, and may be 3 to 5 days after the surgery, that is, i.e., the dynamic examination. In addition, at least 10% of the early diagnosis and treatment of the typyposis and typology surgery shall be performed in a comprehensive manner with the removal of 10% and external surgery.

2. Occurrence of liability for damages;

A. The plaintiffs' assertion

The plaintiffs asserted that the medical accident of this case occurred due to Defendant E’s negligence and eventually caused the death of the deceased, and seek compensation for damages suffered by the deceased and the plaintiffs due to the death of the deceased.

① Although Defendant E should have suspended the use of an anti-psychotropic drugs from five (5) days prior to the culpous surgery because, as a patient who has taken advantage of a normal anti-psychotropic drugs, the deceased immediately performed the instant surgery on the following day after the deceased was within the Defendant hospital.

② From the date of the instant operation to the next A.M., the volume of the distribution pipe installed on the Deceased was 405cc from the day of the instant operation, and the amount was sharply decreased to 5cc following that day, and the Deceased complained of the expansion and pain of the uniforms, so Defendant E should have doubtful the possibility of causing the loss of the distribution pipe, but Defendant E removed the distribution pipe on September 26, 201 without doubt.

(3) In addition, even though the Deceased continuously complained of the expansion of the dunes, telegraphic pain, ladrum, etc., the Deceased failed to conduct an appropriate inspection, etc., and failed to examine dudrumoditis.

B. Grounds for liability

(1) Whether there was negligence from early implementation of the instant surgery

In light of the aforementioned facts and the overall purport of the oral argument, the appraisal by the Korean Medical Association on medical records conducted by Defendant E in the course of investigating the medical malpractice of Defendant E in the course of performing an emergency operation on suspicion of occupational death. The appraisal by the Korean Medical Association of the medical malpractice of the Defendant hospital is far away from the blood function in the case of a patient who takes advantage of the anti-blood system, and even if the use of the anti-blood system is discontinued, the blood body function can be restored normally. In the case of a regular operation, the use of the system can be suspended for 5 to 7 days, and the extension of the blood body time may occur at least 3 to 7 days. Thus, in the case of an emergency operation, it is necessary to check the aftermath of the surgery. In the case of an emergency operation, the examination by the Korean Medical Association of the medical malpractice of the Defendant hospital can be conducted on the basis of 30 days after the surgery, and the merger by the Korean Medical Association of the deceased was recognized by the Korean Medical Association of 20 days after the surgery.

However, the aforementioned facts are as follows, comprehensively taking into account the aforementioned evidence, the result of the examination of medical records entrustment to the head of G Hospital of this court, and the overall purport of oral arguments, namely, ① the Deceased’s 10 days prior to the instant surgery, even if fladation was performed, fladation becomes worse and fladent to the Defendant Hospital, ② the result of the examination of the compound function performed by the Deceased before the surgery, blood fladium was within the normal range. Defendant E established a fladial pipe to prevent the Deceased from spreading within a fladial period, and performed the instant surgery in light of the following circumstances: (i) the Deceased’s fladication of fladial infection, which is likely to occur during the instant surgery without delay in fladial surgery; (ii) the possibility of executing the surgery without delay in fladial infection surgery to the extent that it is likely to occur during the given 37 days prior to the suspension of fladic infection surgery.

(2) Whether there was negligence in removing excreta

As seen earlier, according to the medical record appraisal entrustment with respect to G Hospital Head of this Court, if the volume of the excreta installed with the deceased was 405cc from the date of the instant surgery to the following day, 5cc was reduced rapidly from the next day, and the medical personnel in the Defendant Hospital removed the amount of excreta on September 26, 201, and the deceased complained of telegraph pains, erroneous pains, hearts, and arsens, etc., from the date of the instant operation to the time of removal of the amount of excreta, it is recognized that the amount of excreta can be prevented if the arsens were not effectively discharged, and if the arsens were to become the arroscian, the arsensc may cause such symptoms as claimed by the deceased, and if the amount of excreta was reduced rapidly, the amount of excreta can be prevented.

However, the above facts are as follows, which are acknowledged based on the overall purport of the arguments, i.e., the following circumstances: (i) Defendant E administered a dialoge to the Deceased on September 22, 201, and September 23, 201, after the instant operation; and (ii) during a day from September 21, 201 to September 26, 201, 405cc, 55cc, 30cc, 25c, 25c, and 3C respectively, it appears that the pologe was removed upon the reduction of 405cc, 55cc, 30cc, 25c, and 3C; and (ii) according to the autopsy report (Evidence (Evidence 3), it is difficult to view that the pologe’s pologe’s pologe’s pologe’s pologe’s pologe’s posium was removed without any inconvenience in the operation or treatment of the Deceased.

(3) Whether there was a negligence in failing to diagnose mound infection

In light of the above facts acknowledged as above and the overall purport of arguments, i.e., the deceased complained of 1st on September 24, 201, and her body temperature increased. On September 26, 201, the deceased complained of symptoms such as her clothes and herropic symptoms, etc. from around September 27, 201. From the point of view of the fact that there was no possibility that the deceased might have been infected by her 1stmalosis and herscopic surgery, the deceased might have been found to have been infected by the 1stalopic tymosis, and the possibility that the deceased might have been infected by the 1stalopic herscopic hercopic hercopic hercopic hercopic hercopic hercopic hercopic hercopic hercopic hercopic hercopic hercopic hercopic hercopic heric heric hercopics.

(4) The theory of lawsuit

As above, Defendant E shall be deemed to have been negligent in not diagnosing the deceased’s dystrophism, and further, the facts acknowledged as above are the overall purport of the entries and arguments as follows. In other words, if the deceased’s private person is the pulpulp shockor caused by dystrophism that occurred after the operation of this case, it is likely that the deceased’s treatment was not caused by telegraphic shock and pulpulposis, if the deceased’s treatment was performed, such as removing the dystrophism from the early detection of dystrophism, and administering rhestrophism, it is also acknowledged that the causal relationship between the above negligence of Defendant E and the deceased’s death is recognized.

Therefore, Defendant E is a tort, and Defendant E’s educational foundation F is jointly and severally liable to compensate the Plaintiffs for property and mental damages suffered by the Deceased and the Plaintiffs due to the instant medical malpractice.

C. Limitation on liability

However, it is difficult to conclude that the deceased's early surgery was required even if he was in the process of taking an anti-psychotropic drugs, due to the following circumstances, i.e., the overall purport of the arguments as a whole, based on the facts and the above evidence, and the following circumstances acknowledged as a whole, i.e., the occurrence of an anti-psychotropic drugs, which may occur when he was delayed, and the removal of an amount of excreta, and it is difficult to conclude that he was caused a bullying infection in the mouth of the deceased through the removal of an amount of excreta. The defendant E took measures to find the causes of pain adjustment and prescription of the deceased, such as diagnosis and prescription by observing the condition of the deceased, and requesting a compromise with the urology and the urology, and that the occurrence of dysium infection after the shock medication is ordinarily unreasonable in light of the principle of fair sharing of damages and the principle of fair sharing of the damage liability of the defendant E prior to the removal of the amount of excreta and the principle of fair sharing of negligence.

3. Scope of liability for damages

(a) Actual income:

(1) Facts of recognition and evaluation

(a) Date of birth and gender: N. N. Birth female (49 years of age and 28 days of age at the time of the accident);

(B) Maximum working age: June 1, 2022, when the maximum working age reaches 60 years.

(C) Name of lease: July 1, 2048

(d) Monthly income: An ordinary wage engaged in urban daily wage;

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

(e) Calculation: 124,828,159 won (in accordance with a single interest method that deducts intermediary interest at the rate of 5/12 per month, the following table shall be the same as the current price at the time of September 30, 201, which is the death day of the Deceased, in accordance with the method that deducts intermediary interest at the rate of 5/12 per month. The period shall be calculated on a monthly basis as a general rule, and the amount below the won shall be discarded

A person shall be appointed.

(b) Funeral expenses: Three million won (Plaintiff A expenditure).

[Ground of recognition] Facts without dispute, evidence No. 5-1, No. 2, empirical rule, and the purport of the whole argument is the limitation of liability.

(1) Liability ratio: 40%

(2) Calculation

(A) Deceased: 49,931,263 won (=124,828,159 won from lost income x 40%) (B) Plaintiff A: 1.2 million won (= funeral expenses of KRW 3 million x 40%)

D. The amount of consolation money shall be determined as KRW 16 million against the deceased, KRW 8 million against the plaintiff A, and KRW 8 million against the plaintiff, and KRW 4 million for each of them, taking into account the circumstances revealed in the arguments of this case such as consolation money, the circumstance and result of the medical accident of this case, the contents and degree of the negligence on the part of the defendant, the grounds for limitation of liability, the gender and age of the deceased, the relationship between the deceased and the plaintiffs, and other various circumstances.

(e) Inheritance relationship;

The deceased’s damages amounting to KRW 65,931,263 (= KRW 49,931,263 of the deceased’s property damage + KRW 16 million of the deceased + the consolation money of KRW 16 million) succeeded to KRW 17,981,253 (=65,931,263 KRW X3/11), Plaintiff B, C, and D respectively (=65,931,263 KRW 2/11) due to the death of the deceased.

F. Sub-decision

Therefore, Defendant E is a tort, and Defendant E’s educational foundation F is jointly and severally and severally liable to the Plaintiff as the employer of Defendant E (i.e., KRW 17,981,253 in inheritance of the Deceased + KRW 1.2 million in funeral expenses + KRW 1.2 million in funeral expenses) and KRW 15,987,502 in each of the Plaintiffs B, C, and D (i.e., shares in inheritance of the Deceased + KRW 11,987,502 in each of the above amounts + KRW 4 million in each of the above amounts) and damages for delay calculated from September 30, 201, which is the date of the instant medical accident, to dispute about the existence and scope of the Defendants’ obligations to perform from September 30, 201 to November 13, 2013, which is the date the judgment of this case is rendered.

4. Conclusion

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

The judge of the presiding judge;

Judges Geung-dilution

Judges Lee private-public;