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(영문) 서울남부지방법원 2016.01.29 2014나10088
손해배상(의)
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1..

Reasons

1. Basic facts

가. 당사자 지위 등 원고 A는 원고 B의 모(母), 원고 C은 원고 B의 손위 누이(姉)이다.

The Defendant is a person who operates the Korea Forest University Dental Hospital (hereinafter “Defendant Hospital”) and is the employer of the medical staff of the said hospital.

B. On August 14, 2009, Plaintiff B attempted suicide on the fourth floor of the building, and applied to the emergency room of the Defendant hospital via a subdivisional resuscitation hospital. On August 15, 2009, the medical personnel of the Defendant hospital completed the CT and X-Ey inspection on the parts of the Plaintiff’s injury, and diagnosed Plaintiff B’s symptoms with the 4th emission frame and the right-side frame, etc. (2) The medical personnel of the Defendant hospital of the first operation conducted the first operation on the parts of the Plaintiff’s injury by using one-lane approach to the Plaintiff’s injury, and planned to perform the cT and eromatic erosion and eroding surgery through one-lane approach. The Defendant hospital of the first operation conducted the first operation medical personnel on the part of the Plaintiff’s injury, and planned to perform the eromatic eroding and eromatic eroding surgery through two-lane approaches, and attempted to perform the first operation on the part of the Plaintiff’s injury through one-lane approach.

However, as a result of the discovery of a ductal connection during the operation, the medical personnel of the Defendant Hospital suspended the operation, and performed the luxation on August 20, 2009. On August 25, 2009, the medical personnel of the Defendant Hospital removed the ductal body No. 4 extracted from the ductal approach and inserted the case of an artificial disc into the ductal body, and performed the operation to perform the ductal surgery No. 3-5.

(3) The medical staff at the Defendant Hospital for the second operation (hereinafter “the first operation”) continues to observe the parts of the Plaintiff’s above operation and prepared for the second operation on September 3, 2009, the cases inserted at the time of the first operation (hereinafter “cases”) as a result of the TT test conducted on September 3, 2009 (the removal of an isolated 4 main body and the artificial disc inserted in the relevant unit; hereinafter “cases”).

The cases are confirmed to be followed and cases through prior access on September 4, 2009.

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