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(영문) 수원고등법원 2020.12.10 2019나14437
손해배상(의)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the instant case, is the same as the ground of the judgment of the court of first instance, except for the dismissal or addition as set forth in the following paragraph (2). Therefore, it is acceptable in accordance with the main sentence of Article 42

2. Part V of the judgment of the court of first instance, which has been written or added, shall have been completed from 18 to 7 pages of the court of first instance as follows:

“A. 1) In performing the instant medical practice, a physician has the duty of care to take the best measures required to prevent danger depending on the patient’s specific symptoms or circumstances in light of the nature of the work to treat the patient’s life and body, and such duty of care is based on the level of medical practice performed in the field of clinical medicine, such as a medical institution at the time of performing the medical practice. The level of medical care refers to the so-called medical consciousness generally known and known at the time of the medical practice to ordinary doctors at the time of the medical practice. As such, the normative level should be determined in light of the environment, conditions, peculiarity of the medical practice, etc. (see, e.g., Supreme Court Decision 2010Da25483, Sept. 8, 2011). In light of the following circumstances, the first instance court and this court’s first instance court, and the H Hospital’s association, as well as the overall purport of the request for supplementation and supplementation of the examination results, Defendant hospital’s health care center is not neglected in the right-hand of the deceased surgery or any other device.

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