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(영문) 서울고등법원 2013.04.04 2012나93680
손해배상(의)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

Basic Facts

From August 4, 2010, the parties’ status C (hereinafter referred to as “the deceased”) received medical treatment from Acheon Medical University Street Hospital (hereinafter “Defendant Hospital”) and died on August 8, 2010 (hereinafter “Defendant Hospital”) and were the parents of Plaintiff A and B, and the Defendant is a juristic person operating the Defendant Hospital.

On August 3, 2010, the deceased and the test and treatment in the Ethical department were prescribed after they complained of open symptoms of breast on August 3, 2010.

On August 4, 2010, the Deceased, on August 4, 2010, had continued to provide the above symptoms, and was placed in the emergency room of the Defendant Hospital again in the Ethical department due to the continuation of the above symptoms. On the same day, upon receiving a request for medical treatment from a superior hospital, the Deceased was admitted to the emergency room of the Defendant Hospital on the same day.

The above written request for medical treatment stated that “the deceased's chest and respiratory difficulty symptoms have occurred after he/she took a bath before the day, and thus, he/she is requested for detailed evaluation and treatment because he/she did not have any symptoms to be preserved, although he/she was given a preserved treatment.”

At the time of the medical team of the Defendant Hospital, the deceased stated that “Although there was little doubt that the deceased would be suspected of being a cage of tuberculosis during about four years, it was not caused by tuberculosis, and there was a pleblion on the left side since two days before the inside of the Defendant Hospital, and it may mainly occur at the time of leaving the concealment or changing the attitude.”

At the time of the deceased’s internal source, blood pressure was within 110/70m Hg, 82 pambling water, 20 times/minutes, 20 times/minutes, 36.8C in body temperature, 9% in oxygen, and 9% in the normal range, and the state of Cheong Jin’s respiratory and heart was normal.

The medical team of the defendant hospital conducted a chest and cage typ radiation test, general blood test, heart efficacy test, urine test, and heart test, etc. The results of the chronology test were confirmed by doubting the chronology because the causes of the chronology were ambiguous, and the chronology of the chronology is on the top left side of the chronology test.

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