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(영문) 서울북부지방법원 2017.06.15 2014가합23168
손해배상(의)
Text

1. Defendant School Foundation D and E jointly share KRW 25,00,000 for Plaintiff B and their related thereto from March 27, 2014 to June 15, 2017.

Reasons

A. The proof is sufficient and does not require proof of the relationship that the result would not have arisen if the explanation was received. However, when claiming all damages as a result, there is a proximate causal relationship between the serious result and the doctor’s breach of the duty of explanation and the mistake in the process of acquiring the consent. At that time, the violation of the duty of explanation should be the same degree as that of the doctor’s breach of the duty of care required in the course of treating the patient’s life and body, in light of the protection of the patient’s right of self-determination and the opportunity for choice

(2) According to the following facts: (a) whether Defendant E breached its duty to explain (see, e.g., Supreme Court Decisions 2005Da5867, May 31, 2007; 2002Da48443, Oct. 25, 2002); (b) whether Defendant E breached its duty to explain (see, e.g., Supreme Court Decisions 2002Da48443, Oct. 25, 2002); and (c) Defendant F’s personal examination results: (a) whether Defendant E breached its duty to explain; and (b) whether Defendant E’s external research records on March 4, 2014; and (c) whether “VBAC’s counseling with respect to VBAC (i.e., referring to 0., 0. 21%) and a statement explaining the possibility of an emergency.”

B. The fact that the Uterine rusure and related risks explanation. ③ The Defendant hospital received written consent from the Plaintiff around 08:30 on March 27, 2014, and the written consent can be acknowledged as constituting “the possibility of the death of the protein and protein fetus” and “the possibility of the death of the protein operation” as “the other possible procedures and method of inspection other than this procedure and inspection”.

B. However, on March 4, 2014, the hospitalization records are written later by Defendant E out of the records of out-of-the-counter history and out-of-the-counter history records.

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