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(영문) 서울남부지방법원 2019.10.25 2019가단203686
손해배상(의)
Text

1. The Defendants jointly share KRW 18,259,968 with respect to the Plaintiff, and the period from June 17, 2017 to October 25, 2019.

Reasons

1. The Defendant C is a doctor operating a hospital (hereinafter “Defendant hospital”) and is the employer of Defendant B.

On June 17, 2017, the Plaintiff received food, petition, and internal landscape inspection from Defendant B in the fire extinguisher department of Defendant Hospital.

After the examination, the Plaintiff complained of the clothes after the aforementioned examination, and the medical staff of the Defendant Hospital returned home to the emergency room of the hospital on June 18, 2017. However, the Plaintiff continued to have the clothes and visited the emergency room of the hospital on June 18, 2017. The Plaintiff was diagnosed as a phunchitis and was discharged on June 28, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4 (if available, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. In order for the occurrence of liability for damages to be liable for tort caused by breach of duty of care or non-performance in medical act as to medical malpractice, there is causation between the violation of duty of care in medical practice, the occurrence of damages, and the violation of duty of care and the occurrence of damages. However, the medical practice requires highly specialized knowledge, and the process of the medical treatment is limited to the patient himself/herself, as well as the patient himself/herself can be aware, and the medical method to achieve the result of the medical treatment depends on his/her own discretion. As such, it is extremely difficult for the patient to prove that the direct cause of damages is due to medical negligence as an ordinary person, not an expert, and it is extremely difficult for the patient to prove that the causal relationship between the doctor's breach of duty of care in medical practice and the occurrence of damages.

Therefore, in the case of a medical accident, it is proved that there is a medical negligence based on the common sense of ordinary people in the series of medical treatment procedures in the victim side.

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