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(영문) 서울서부지방법원 2018.11.23 2018나31600
손해배상(의)
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of the following "2. Additional Judgment" to the allegations emphasized or added by the plaintiffs in the trial of the court of first instance, and thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act.

2. Additional determination

A. Despite the fact that the Plaintiff’s assertion symptoms from the time of his hospitalization at the Defendant hospital to the time of his death, the medical professionals at the Defendant hospital did not conduct an examination, and did not explain the symptoms and treatment for the pulmonary marry, and did not provide appropriate treatment for the treatment of the marry marry, thereby resulting in the death of the deceased.

B. In light of the following circumstances acknowledged by comprehensively taking account of the evidence Nos. 1 through 3 (including each number), the results of the request for appraisal of medical records by the court of first instance to the President of the Korea Medical Dispute Mediation and Arbitration Agency and the overall purport of the arguments, even based on all evidence submitted by the Plaintiffs, it is insufficient to recognize the negligence of the medical staff of the Defendant Hospital, as alleged by the Plaintiffs, and there is no other evidence to acknowledge it

(1) Medical practice is performed in an area requiring highly specialized knowledge, and it is very difficult for ordinary citizens, other than experts, to clarify whether they have violated their duty of care in the course of medical practice, and whether there exists a causal link between the violation of their duty of care and the occurrence of damage. Therefore, if symptoms causing serious results occur to a patient during an operation or after an operation, if indirect facts, other than medical malpractice, are proven that there is no other reason for the occurrence of such symptoms, such symptoms may be presumed to be medical negligence.

However, even in this case, it is possible to estimate the occurrence of the result due to the doctor's negligence.

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