The case dismissing a claim for indemnity filed against a hospital or its affiliated doctor who has caused damage to the death of a woman who is a reduction team during childbirth by negligence that delayed all measures for the death of a woman who is a reduction team during childbirth, and who has caused the death to be caused by the death of the woman.

The case dismissing a claim for the right of indemnity filed on the premise that there was a medical negligence on the part of the hospital and its affiliated doctors, where the mother, who had been transferred to a university hospital due to large amounts of blood during the process of pregnancy surgery by the king dog, was in a very rare condition from the beginning of this year, where active diseases had already occurred due to a serious disease that could not be recovered, and where he/she performed satisfying in order to prevent blood satisfying death due to a cause of blood satisfying, a physician who delayed the measures for the transfer of satisfying was negligent in taking the measures for the transfer

[1] Articles 750 and 756 of the Civil Code

[Judgment of the court below]

School Foundation, etc. and one other (Attorney Cho Young-chul, Counsel for the plaintiff-appellant)

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The defendants jointly and severally pay to the plaintiff 80,061,169 won with 5% per annum from June 30, 1999 to the delivery date of a copy of the complaint of this case, and 25% per annum from the next day to the full payment date.

1. Basic facts

The following facts are not disputed between the parties, or there is no dispute between the parties, Gap evidence 1-1, 2, 3-1, 13-1, 16-1, 13-1, 5-1 through 16, Gap evidence 6-2 through 16, Gap evidence 8-1, 2, 9-1 through 10, Gap evidence 10, 11-1, 12-1, 13-1, 14 through 17, Eul evidence 1-2, 2-1 through 68, Eul evidence 2-1 through 11, 3-11, 4-1, 4-2 and witness's testimony as a result of the fact inquiry of Gap evidence 4-1, 10-1, 9-1, 6-1, 4-1 and 17, and 4-1, and the purport of testimony as to the witness's testimony as a result of the fact inquiry of Gap's association.

(a)The plaintiff is a medical specialist who operates a woman in the Gidong-si, and the defendant school juristic person is a juristic person that operates the Kuyang University Hospital (hereinafter referred to as the "Korea-Japan Hospital") located in the Guyang-si, and the defendant Go Young-jin is a medical specialist who works for the woman in charge of the woman in charge of the woman in the Giyang-si Hospital from June 1995 to the director in charge.

(b)At around 11:00 on October 26, 1995, the deceased non-party 1, who had been a four-time miscarriage, was pregnant 24 weeks as a result of the diagnosis conducted by the Plaintiff at the son’s clinic, and confirmed that the fetus had been pregnant 24 weeks. During that period, it was highly probable that the fetus might have been sentenced to punishment. Thus, the Plaintiff requested a abortion surgery by asserting that it is difficult for the deceased non-party 1 to perform a salking surgery by asserting that it is difficult for the deceased non-party 1 had the power to perform the salking surgery before the salking surgery (hereinafter referred to as “the first surgery”), and then consented to the operation of the salking surgery by the salking, the time of the surgery shall be fixed at around 18:30 on the same day, and the time of the surgery shall be maintained and ordered at the same time to undergo it again.

C. At around 17:30 on the same day, the deceased non-party 1, who was her husband, was hospitalized in her husband at her husband and her husband at around 17:30 on the same day. After obtaining consent from the deceased non-party 1 and non-party 2, the plaintiff measured only the active symptoms of the deceased non-party 1 without undergoing any specific clinical test prior to the first operation, and the result was 120/80mm, be 75mm, beer for beer, and her body was 36.7cc., and the deceased non-party 1, who is a medical specialist, conducted general anesthesia. After the deceased non-party 1’s blood pressure temporarily increased to 140mm, the deceased non-party 1’s blood pressure increased to 140mm, but 18:5mm and 120mm, again, and maintained it from around 10 to 190mm, the plaintiff began the operation.

그런데 같은 날 19:10경 원고가 망 소외 1의 자궁을 절개하여 태아를 꺼낸 후 자궁 내의 태반을 제거하였으나 감입태반으로 인하여 자궁이 수축되지 아니하고 태반이 분리된 부위에서 다량의 출혈이 시작되었고, 이에 원고는 대형 거즈와 손으로 출혈부위를 압박하면서 지혈을 시도하였으나 출혈이 멈추지 아니하면서 수축기 혈압이 80㎜Hg까지 계속 떨어지자 19:30경 한양대 병원에 혈액의 공급을 의뢰한 후 19:35경 소외 2를 급히 불러 망 소외 1의 혈액형을 물어보고 원고 의원 소속 간호사와 함께 한양대 병원에 가서 7파인트(pint, 이하 단위 '파인트'라 한다) 이상의 혈액을 구해 올 것을 지시하는 한편, 망 소외 1에게 수혈대용제인 하트만 용액 2,000㏄와 레오마크로텍스 500㏄ 및 자궁수축제인 메덜진 1앰플(0.4㎎)을 정맥주사하고 생리식염수 500㏄에 자궁수축제인 나라돌 1앰플을 정맥주사에 혼합하여 분당 30방울씩 공급하였다.

D. At around 19:40 on the same day, the deceased non-party 1’s blood pressure decreased to 90/70mm Hg, and Non-party 2, etc. at around 19:45, at around 19:5, the deceased non-party 1, etc., supplied four-waves [three-waves (W/B) and three-waves (P/C) in red blood cells concentration (P/C) and one-frequency in red blood cells (P/C) and delivered them to the Plaintiff at around 20:0, and at the same time, the Plaintiff was 1, the deceased non-party 1, whose blood pressure was reduced to 60mm at the time of blood pressure, but the deceased non-party 1’s blood pressure was reduced to 60mm, and the deceased non-party 1, who was in custody at the time, did not request the Plaintiff to stop the blood pressure to 20mm by 15/30mm, and the deceased non-party 1, on the other hand, 2000-party 1.

However, the Plaintiff supplied the Plaintiff with all blood stored in the Hanyang Hospital from Defendant Youngjin, and thus, was solicited to transfer the deceased Nonparty 1 to another hospital on the ground that it is difficult for the Plaintiff to accept the deceased Nonparty 1 in a state without blood, and that it would be difficult for the deceased Nonparty 1 to implement chronological surgery, and the deceased Nonparty 1 was faced with beer with beer and beer at the same time, and thus, it cannot be delivered back at a more distance due to the emergency of the situation, and the Defendant’s consent was obtained, and eventually, sent back the deceased Nonparty 1 to the Hanyang Hospital at around 20:35 on the same day.

E. At around 20:40 on the same day, Defendant 1 moved Nonparty 1 to an operating room immediately. The head of Hanyang Hospital’s anesthesia was not able to brupted at the time, and the blood pressure was not measured at the time, and Non-Party 1 was dependent on ampu Bags in the state of injecting 20. The Defendant 1 started to remove the e-mail e-mail, a e-mail e-mail, and the e-mail e-mail. The e-mail began to have been removed from the e-mail 5th e-mail. The Defendant 1 started to e-mail with the e-mail e-mail, which was the blood pressure e-mail e-mail. The e-mail began to have been removed from the e-mail e-mail, and the e-mail e-mail began to have been removed from the e-mail e-mail e-mail e-mail.

피고 문영진은 자궁적출술 도중인 1995. 10. 26. 20:50부터 23:20까지 별지 수액 및 혈액 투여량 기재와 같이 망 소외 1에게 대용혈액(pentaspan) 500ℓ, 적혈구농축액(P/C) 2파인트(1파인트 당 400㏄), 전혈(W/B) 11파인트(1파인트당 320㏄), 하트만 수액(H/S) 6ℓ, 생리식염수(N/S) 1ℓ를 투여하였으나, 망 소외 1의 혈액응고장애로 인하여 혈압은 수술 내내 40 내지 50㎜Hg를 넘지 않았다.

On the other hand, around 22:30 on October 26, 1995, which was after blood transfusion (W/B) from the deceased non-party 1, 7.0 on blood transfusion (HB) and average volume (HT) was 28 on blood test results, 9.4 (normal 11-15gm/L) and 23:15 on the average volume of red blood cells (HB) were 9.4 on the 23:15, 28 on the average volume (HT). At around 01:39 on the following day, blood color hydrogen (HB) was 7.0 on the blood transfusion (HB) and the average volume (HT) was 22.6 on the blood cells, and 50-40-100-10-600-60-300-60-600-00-600-00-00-300-00-000-00-00-000.

(f)Around 00 00:10 on October 27, 1995, the deceased non-party 1's consciousness was mixed, and monitoring blood pressure was 50/30mm, but he did not suffer from blood pressure, but he was 120 times per minute, and he was found to have failed to meet self-sufficiency, but was pulmonary due to artificial smoking. At around 01:00 on the same day, the deceased non-party 1 still did not suffer from blood pressure. At around 01:0 on the same day, the deceased non-party 1 was at least 70 times per minute, and the deceased non-party 1 was at least 20 amb. amb. amb. amb. amb. amb. amb. amb. amb. amb. amb. amb. amb. amb. amb. amb. amb. amb. amb. amb.

G. According to the result of the autopsy conducted after the death of the deceased non-party 1, in view of the overall tendency of blood transfusion and the reflective salvance of the deceased non-party 1, the private person was determined to be by the low-blood shock (Hypolemic hock) caused by excessive blood transfusions due to the reduction of the base of the body and the creta of the deceased non-party 1, etc.

임상적으로 체중 70㎏ 성인의 경우 정상혈량은 5ℓ인데(적혈구 2ℓ＋혈장 3ℓ, 망 소외 1의 경우 약 4.8ℓ), 10∼20%의 급성실혈(500∼1,000㏄)은 아무런 증상이 없으나, 약 30%(1,500∼2,000㏄)의 심한 실혈의 경우에는 수축기 혈압이 30㎜Hg 이상 떨어지고(혈압 90㎜Hg 이하) 맥박수가 증가하며 피부는 차고 불안해지고 곧 심한 쇼크에 빠지게 된다. 이때 혈관수축대상능력이 없어지기 시작하여 조직관주는 저하된다. 50% 실혈시는 맥박과 혈압이 만져지지 않고 사망하게 된다. 심한 출혈(30% 이상) 환자에게 45분 이상 늦게 수혈하면 거의 다 사망하고, 적어도 실혈한 40%의 양이 출혈되기 시작한 후부터 첫 1시간 내에 보충 완료되든지 첫 10∼15분 내에 수혈이 시작되어야 한다.

(h)In the situation where a part of the solar body, which should be boomed after delivery, exists in the vicinity of the womb and causes the corrosion of the womb. Although the frequency of occurrence is only one of the average 7,000 square meters, it may lead to the death of the baby due to a large amount of streke and infection, it shall begin blood immediately, and the blood transfusion is at the time of large volume (in the case of the baby, it is): when the blood transfusion is at the time when the blood transfusion is at the time (in the case of the babyus, it is): on the other hand, it is difficult to find out in advance that there is a relatively large number of strekes or strekes in the event that there is a danger that the strekesa will be streaked after delivery; on the other hand, it is difficult to find out in advance that there is a relatively large number of strekes in the past when the streking strekee administration or surgery was performed;

자.미만성 혈액응고장애는 임신중독증, 조기태반박리, 자궁내 태아사망, 패혈증, 대량수혈, 기존 혈액질환 등으로 생길 수 있으며, 이를 사전에 예방하는 것은 어렵고, 발생 후 치료로는 충분한 산소공급, 수액요법, 신선한 혈액보충요법(Fresh Frozen Plasma), 혈압상승제, 항응고제 등으로 병합 치료를 하면서 적혈구 용량 30% 이상, 소변량 시간당 30㏄ 이상을 유지시켜 치료하여야 한다.

(j)On the other hand, on April 16, 1997, the plaintiff dismissed the appeal from the Supreme Court (98Do887 on September 18, 1998) on the deceased non-party 1's death, and the sentence became final and conclusive by dismissing the appeal from the Supreme Court (98Do887 on September 18, 1998) to the same crime.

The deceased non-party 1's husband, non-party 2 and his children, the non-party 3 and the non-party 4 (hereinafter referred to as "bereaved family members"), filed a lawsuit against the plaintiff for damages (96Gahap52651). On December 2, 1998, the above court recognized the plaintiff's negligence of failing to promptly take all measures during the first operation, and ordered the non-party 2 to compensate the non-party 3,135,671 won and damages for delay, respectively, to the non-party 3,50 won and the non-party 3 and 4 for damages. The plaintiff appealed against the Seoul High Court and applied for a suspension of compulsory execution, and the court deposited the non-party 2/30,000 won with the above court until the appellate court sentenced the non-party 2 to deposit the non-party 3,400,000 won, and the remaining court deposited the non-party 19,399,989.

2. The plaintiff's assertion

①원고가 망 소외 1에 대한 1차 수술 도중 대량의 출혈이 있었으나 망 소외 1이 한양대 병원에 전원되어 피고 문영진에 의하여 자궁적출술이 시행될 당시는 뇌사상태가 아니어서 소생가능성이 없는 상태가 아니었고, ② 피고 문영진은 미만성 혈액응고장애가 있는 경우 수혈을 계속하면서 이에 대한 항응고제를 투여하는 등 조치를 취하여야 함에도 1995. 10. 26. 23:30까지만 수혈을 하고 수혈을 중단하였고 오히려 수액에 에피네프린을 섞어 계속 투여하여 실혈사를 더욱 가속화시킨 과실로 망 소외 1이 사망하였으며, ③ 1995. 10. 26. 23:15부터 다음날 01:39까지 약 2시간 사이에 약 2,000㏄나 되는 출혈이 있었는데, 이러한 양은 스며나오는 실혈인 우징(woozing)에 의하여는 불가능하므로 피고 문영진이 자궁적출술을 시행하면서 자궁을 들어낸 뒤 그 혈관 부위를 제대로 결찰하지 못한 과실로 인하여 수술부위를 봉합한 뒤 일부 결찰 부위가 터져 혈관을 통하여 다량의 출혈이 생긴 것으로 보이고, ④ 피고 문영진은 혈액응고장애를 판별하는 가장 중요한 FDP(Fibrinogen Degradation Product) 검사를 시행하지 못하게 한 과실이 있다.

Therefore, the deceased Nonparty 1 died of the plaintiff's negligence delaying the measure of electric power generation and the defendant Cho Young-jin's negligence together with the above negligence, resulting in a low blood transfusion shock, and the fault ratio between the plaintiff and the defendant Cho Young-jin is 20:80.

Thus, the plaintiff paid 10,076,462 won on June 30, 199 to the deceased non-party 1 [52,00,00 won on the mediation protocol + deposit amount of 39,741,615 won (amount of 39,746,115 won claimed by the plaintiff as a clerical error) + deposit amount of 8,334,847 won]. Thus, the defendants are jointly and severally liable to pay to the plaintiff the indemnity amount of 80,061,169 won (amount of 100,076, 462 x 80%, and less than won) equivalent to the ratio of the negligence of the defendant Go Young-jin, and damages for delay from June 30, 199 to the date of final repayment sought by the plaintiff.

3. Determination

First of all, it is examined whether the deceased non-party 1 was negligent in taking medical measures against the deceased non-party 1 after being transmitted to the Hanyang Hospital.

A. Examining whether the deceased non-party 1 had the possibility of birth at the time of arrival at the Hanyang Hospital, there is insufficient evidence to acknowledge this by only the evidence submitted by the plaintiff. Rather, as seen earlier, the deceased non-party 1 started blood transfusion from October 1995 to October 19:10, and at around 20:15, he was in a shock state with blood pressure of 50/30mm and so on. At the time of arrival at the Hanyang Hospital, he was not in a shock state and was in a state where he was unable to have the blood pressure measured at the time of arrival at the Hanyang Hospital. Repulmon was found to have been in a state where he was in a ample in which he was in a remote or weak condition without any self-sufficiency and there was no possibility that he could have been suffering from the 11st person’s blood transfusion from the time of the 11st person’s arrival at the time of the arrival of the Hanyang Hospital, in light of the fact that the 10th person’s blood pressure at the time of the 10th patients.

B. As to whether Defendant 1 was negligent in failing to properly treat blood response disorders less than 20:15 on the same day, it was interrupted from October 26, 1995, and blood response agents were not administered to the deceased Nonparty 1 until the deceased Nonparty 1 died, and there was symptoms showing less than the deceased Nonparty 1’s blood response disorder. However, according to each of the above evidence, the deceased Nonparty 1 was in a shock state where blood pressure was not less than 50mmHg for more than 3 hours from 23:30 hours, and there was no other evidence to acknowledge that Defendant 1 had no other significant blood pressure in light of the fact that the blood pressure was reduced to less than 50mm, and that there was no other significant evidence to acknowledge that the blood pressure was increased to Nonparty 1, the deceased Nonparty 1 was in a situation where the blood pressure was reduced to less than 1 on the same day, and that there was no other evidence to acknowledge that Defendant 1 had no other significant blood pressure patient.

C. In light of the fact that Defendant 1 was in a state of low-blood shocking, and showed symptoms of low-blood shocking blood disorder, as seen earlier, it is insufficient to recognize that Defendant 1 was negligent in the above Defendant’s blood verification merely based on the above blood verification, in light of the fact that it was impossible to find out that Defendant 1 was in a state of low-blood shocking, and that there was no other evidence to acknowledge it.

D. According to each of the above evidence, even though it is found that Defendant 1 had failed to conduct the FDP test, it was found that Defendant 1 had a blood response disorder in the operation process, and that Defendant 1 did not confirm whether there was a blood response disorder as long as the blood response disorder had already been determined by the deceased Nonparty 1 during the operation process, the issue of whether the FDP test was implemented has no causal relation with the deceased Nonparty 1’s death at the time, and this part of the argument is without merit.

Therefore, the plaintiff's assertion based on the premise that there was negligence on the part of the deceased non-party 1 in addition to the death of the deceased non-party 1 is without merit.

4. Conclusion

Therefore, all of the plaintiff's claims against the defendants are dismissed as it is without merit. It is so decided as per Disposition.

Judges Choi Dong-sik (Presiding Judge)