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(영문) 서울중앙지방법원 2015.11.04 2013가단5109675
손해배상(의)
Text

1. The Defendant’s KRW 12,00,000 as well as 5% per annum from March 2, 2010 to November 4, 2015 to the Plaintiff.

Reasons

1. On March 2, 2010, the Plaintiff’s assertion on the cause of the Plaintiff’s claim received removal of the studio (i.e., the fiber body, which started from the studio of the eye in common due to changes in the satisfying of the eye) from the hospital operated by the Defendant C (hereinafter “Defendant Hospital”), in the form of a rectangular-type, the center part of the studio of the string body, beyond the boundary part of the studio and the string body).

After the operation, it is argued that there is a medical negligence or a violation of the duty of explanation as follows, and then the defendant is compensated for damages.

The defendant arbitrarily performed the visual whitening operation or similar operation on the plaintiff who wishes only to remove the dysium of both snows, whose safety is not proven.

In the course of the operation, it caused damage to the public life by controlling the string more than necessary, removing the blood cells, and exposing the string.

Even if it is necessary to eliminate the dysium of both snow, the occurrence of aftermathacy was increased by simultaneously performing the visual operation with one eye in order to ensure the stability of the operation.

The occurrence and expansion of a testamentary gift has not been prevented by neglecting the transitional observation after the operation.

The defendant neglected the duty to explain the main point of the dysium removal surgery performed against the plaintiff and the possibility of the occurrence of the legacy, thereby infringing the plaintiff's right to self-determination as a patient.

2. Progressive procedures, etc. for the plaintiff;

A. In around 1997, the Plaintiff removed the ethical eye of the left eye from another hospital. While taking into account both snow, the Plaintiff visited the Defendant hospital and received counseling and received advice on March 2, 2010 from the Defendant, while taking into account the removal thereof.

At the time, the defendant needs to recover one week after the operation, and both snows are installed simultaneously.

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