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의료사고
(영문) 부산지방법원 2008.9.17.선고 2007가합15700 판결
손해배상(의)
Cases

207 Gaz. 15700 Damages (Definition)

Plaintiff

1. P1 (68years, Residuals);

2. P2 (74 Years and Females);

3. P3 (P3 (00 Yearss, Residuals)

4. P4 (P4 (P5 years old, Residual)

Plaintiff 3 and 4 are minors, so the legal representative P1 and mother P2

[Judgment of the court below]

Attorney Long-dilution, Attorneys Kim Sun-ok

Defendant

D. (65 years old, female)

Busan High-gu Busan High-gu Busan High-Level Medical Center

Law Firm Doz.

Attorney Kim Ho-nam

Conclusion of Pleadings

August 20, 2008

Imposition of Judgment

September 17, 2008

Text

1. All of the plaintiffs' claims are dismissed. 2. Costs of lawsuit are assessed against the plaintiffs.

Purport of claim

The defendant shall pay to the plaintiff P1 9,227,247 won, gold 29,227,247 won, gold 2,30,000 won to the plaintiff P2, and each of them shall be 5% per annum from June 6, 2007 to the date the decision of this case is made, and 20% per annum from the next day to the date the decision of this case is made.

Reasons

1. Facts of recognition;

A. The relationship between the parties

The net V (hereinafter referred to as "the deceased") is a person who died of spawn infection after receiving treatment from the defendant who operated the plaintiff's clinic while receiving treatment. The plaintiff P1 and P2 are the parent of the deceased, and the plaintiff P3 and P4 are their siblings.

B. The defendant's treatment process for the deceased child

(1) On April 3, 2007, Russia applied to the Council member of the Defendant’s operation (hereinafter “Defendant Council member”) on the grounds of the outbreak of a mustache, a mustache, a heat, and the left-hand ear, etc. As a result of the examination, the Defendant diagnosed as acute heatitis, acute organ infection, alpharitis, alphar hea, and prescribed antibiotics (Amphan), an engine agents, extension agents, and piracy control (ammere), etc. on the 5th of the same month and the 10th of the same month as the 10th of the same month as the 10th of the same month. In addition, the Defendant prescribed the same drug in addition to further prescribing some antibiotics (amarm).

(2) After that, despite the symptoms of the deceased's parassis and the first symptoms, the Defendant prescribed anti-biotics by prescribing the same medication on the 12th of the same month, and by changing the anti-biotics into a graphic, on the 16th of the same month, prescribed the anti-biotics by changing the anti-biotics into a graphic acid. After prescribing the graphics, the Defendant continued to prescribe the graphics as an anti-biotics on the 18th of the same month and on the 24th of the same month.

(3) On May 7 of the same year, the deceased was born to the Defendant Assembly member again. At the time, there was a symptoms of a mustache, which were still the symptoms of a mustache, and therefore, the Defendant prescribed the same drug on May 9 of the same year, such as antibiotics (traffic), strings and expansions, and piracys, and piracy control. After that, the deceased’s heat was destroyed, and the symptoms of a mustache were caused by the symptoms of a mustache, the Defendant prescribed the same drug on the 9th of the same month and the 15th of the same month.

(4) On May 17, 2007, Mangian had a body of her body, other than her symptoms, cut off, and her body, and her body was her body flicked three to four times on the new wall on the 18th of the same month following that day, and applied her body to the Defendant Council around November 18th of the same month. The Defendant discovered that her body and her body were found to have been exposed to her body and her body, and found that her body and her body were found to have been exposed to her body and her body, and found the her body and her body to have been exposed to her body and her body.

The plaintiff P2, at around 07:00 on the same day, was unable to see the defendant's urine, and the defendant was found to have examined the state of the deceased child again after the urine was reported to the urine, the defendant was to make a medical examination again after the urine was reported to the urine, and included a urgical amount to remove the urgical heat and to look at the urgical side. On the same day, at around 13:15, the deceased was found to have not yet urged the urgical.

(1) The non-party G, a machine of the network for the care of the deceased, knew the deceased to the nurse of his body by unasting the body with the second string, and by tamping the body. The defendant confirmed that the blood pressure of the deceased was not measured at around 14:20 on the same day, and that the consciousness was deteriorated by using the plaintiff P1's car on the same day, and the defendant also examined the condition of the deceased's body by tamping the deceased's body by getting the deceased's body on the 14:30 on the same day.

(2) At around 14:50 on the same day, Russ arrive at the Y hospital located in Busan East-gu, Busan. At the time of outbreak, medical personnel recommended Plaintiff P1 and P2 to transfer to a larger hospital by explaining the possibility of brain infection or cerebral cerebral cerebral cerebral cerebral cerebral it, and the above Plaintiffs transferred Russ to the Y University Hospital. At around 15:33, on the same day, the Y University Hospital was in a state where the hus’s blood pressure was not measured at the time of the arrival of the Y University Hospital, and the halpha was suspended due to mixed water. Since then, as a result of the examination on the halphal dys, etc. of the deceased children who were in an artificial resistant state, it was revealed that the halopic malocule, detailed unknown cerebral cerebr, mal pressure, and brain damage caused by cerebral cerebral tension, and that the hal 6.

(d) Relevant medical knowledge;

(1) The brain resistant infection is often divided into three parts: (a) spawnosis; (b) spawnosis; and (c) tuberculosis infection depending on its cause; (d) spawnosis; and (e) spawnosis; (e) spawnosis; (e) spawnosis; and (e) spawnosis infection; (e) spawnosis; (f) spawnosis; (f) spawnosis; (f) spawnosis; (f) spawnosis; (f) spawnosis; (f) spawnosis; (f) spawnosis; (f) spawnosis; (f) spawnosis; (f) spawnosis; (f) spawnosis; (f) spawnosis; and (f) spawnosis; and (f) spawnosis;

(2) The 3th symptoms of the brain spathitis are heat, two fluents, light fluents, and other symptoms. In the early stage of the brain spathitis, there are many cases where the spathnosis is not showing any special symptoms, and there are many cases where the spathnosiss are applied similar to the spathnosis, so it may be difficult to spathn. Furthermore, it is difficult to determine the brain spathnitis only with the spathn, snow, heat, and spathn symptoms, but the possibility of brain spathnosis can be diagnosed in detail and with the precision of the spathnosis.

(3) The main infection route of the spaculous brain infection mainly leads to infections in the brain blood of the spacule after spreading the spacule that existed normally on the above map after the infection with the virus, and the spacule of the spacule in the spacule. In some cases, the spacule infections and heat, etc. of the spacule will continue to exist, and there are many cases where the spacule symptoms, such as the spacule, inorganic spacule, and the spacule, etc., appeared to occur due to symptoms such as the spacule infection, inorganic spacule, and the spacule.

(4) 뇌수막염이 의심되는 경우 흔히 뇌막 자극의 증상이 동반되므로 이를 확인하는 신체검진방법인 게르니히(Kernig) 증후 검사, 브루드진스키(Brudzinski) 증후 검사, 경부강직 검사 등을 시행할 수 있다. 게르니히 증후 검사는 고관절을 90도로 구부리고 있다가 무릎을 쭉 펼 때 통증을 호소하는지 여부를 확인하는 검사이고, 브루드진스키 증후 검사는 환아를 눕힌 후 목을 굽혔을 때 무릎과 고관절이 저절로 굽혀지는지 여부를 확인하는 검사이며, 경부 강직 검사는 환아가 누워 있는 상태에서 목을 들어 올릴 때 뻣뻣한지 여부를 확인하는 검사이다. 이러한 뇌막 자극 증상에 대한 검사를 통해서 이상 소견이 발생되면 뇌수막염의 가능성을 두고 확진검사를 진행하여야 한다. 하지만 이러한 검사에서 정상이어도 뇌수막염인 경우가 많다. 특이 나이 어린 소아에게는 뇌수막염의 경우에도 위 검사가 정상일 경우가 흔하고, 또 이를 통하여 바이러스성(무균성) 뇌수막염과 세균성 뇌수막염을 감별할 수는 없으며, 보채는 환아의 경우는 검사 해석이 부정확하다.

(5) When it is suspected that there is brain hysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysys

[Reasons for Recognition: omitted]

2. Judgment on the plaintiffs' assertion

A. The plaintiffs' assertion

From April 3, 2007 to May 19, 2007, the Plaintiffs diagnosed and treated with acute viral chronitis, acute chronitis, Alphal chronitis, but they were diagnosed and prescribed again on May 15, 2007 with the same content, but the symptoms were not improved. The Plaintiffs were suffering from severe chronological infection, etc. on May 18, 2007, by failing to take necessary measures for the examination and treatment of chronic chronological infection, such as viral viral viral cy, chronic viral chronitis, other than viral chrons, and so forth, the Defendants were not negligent in performing the examination and treatment of chronic chronological infection, and again requested that the Plaintiffs were unable to perform the examination and treatment of chronic chronological infection due to their negligence, without considering the possibility of its chronic chronological infection, and thus, the Defendants were not negligent in performing the examination and treatment of chronological infection.

B. Determination

In light of the above facts, even if the symptoms of the thalphe is difficult to determine thalphe 1, the thalphe 1, the thalphe 2, the 5th thalphe 1, the thalphe 2, the 5th thalphe 1, the 5th thalphe 1, and the 1stalphe 2, the 5th thalphe 8th thalphe 1, the 10th thalphe 1, the 5th thalphe 1, the 10th thalphe 1, the 5th thalphe 1, the 10th thalphe 1, the 10th thalphe 1, the 10th thalphe 1, the 10th stalphe 1, the 201th stalphe 1, the 2007 stalphe 1.

3. Conclusion

Therefore, the plaintiffs' claims are dismissed in entirety as it is without merit. It is so decided as per Disposition.

Judges

Judges of the presiding judge, Kim Dong-ho

Judge Choi Jong-in

Judges Nam Sung-woo

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