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(영문) 수원지방법원성남지원 2019.06.04 2018가합403719
진단서 등 정정 청구
Text

1. Schchophrenia (F20.9) among the names of disease written in the deceased C among the instant cattle, and the clinical wards written in the opinion.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on May 19, 2017 when hospitalized Seoul National University Hospital located in the Sungnam-si Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City University Hospital”) for treatment from May 2, 2017. The Plaintiff is the deceased’s child.

B. Defendant Seoul National University Hospital is a juristic person operating the said branch of Seoul National University Hospital, and Defendant B was a doctor employed by Defendant Seoul National University Hospital and was a doctor employed by the deceased.

C. According to the diagnosis of Defendant B, the statement of opinion on the Deceased issued on June 16, 2017 (hereinafter referred to as “instant statement of opinion”) stated in the clinical name column as “Chrrona (J49.9), Pumonia (J18.9), Schchophrenia (F20.9),” and it was difficult to control proper respiratory in the course of treatment, which states that r/O Schchchophrenia or R/Ousalian may become a permanent state, and on June 23, 2017, the statement of diagnosis on the Deceased issued on June 23, 2017 (hereinafter referred to as “instant statement of opinion”). The statement stated in the statement of diagnosis on the Deceased’s name as “Pson 99, Pusp29, Piconia [Presumption].

[Reasons for Recognition] Evidence No. 1, Evidence No. 2-1 (= Evidence No. 5-2), Evidence No. 3-1 (= Evidence No. 4-2), Evidence No. 5-1 to 14, Evidence No. 1 and 2, and the purport of the whole pleadings

2. Before the Plaintiff’s assertion, the deceased did not show Schchophrenia (hereinafter “Schrenia”) symptoms before his death; there was no symptoms to give the deceased a early-time diagnosis on the medical record, and Defendant B conducted a false diagnosis of the deceased with respect to his falsity, without satisfying the diagnosis requirements.

Accordingly, the Plaintiff, the deceased’s child, against the Defendants, ① “Schchchophrenia [F20.9]” and the opinion of this case as indicated in the column for the name of the medical certificate of this case, pursuant to Article 17(3) of the Medical Service Act.

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