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(영문) 광주지방법원 2019.06.18 2017가단509718
손해배상(의)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Summary of the plaintiffs' assertion

A. From September 2015, F was hospitalized in G Hospital run by the Defendant on October 15, 2015, on the following grounds: (a) on September 26, 2015, F was released on September 26, 2015, and was under medical care at home; and (b) was hospitalized in G Hospital operated by the Defendant.

B. On October 21, 2015, Plaintiff A discovered that F was used in a toilet on October 21, 2015, and opened the nurse lying F on the bed on the bed.

However, more than 30 minutes of nursing, a nurse visited a sick room, and the F's condition is abnormal, demanding the defendant to leave the sick room, but the nurse did not take any particular measure while the F is in the surface of the water.

C. Although Plaintiff A demanded a nurse to continuously give birth to the Defendant, neither the Defendant nor any medical doctor, including the Defendant, arrives at the Defendant at an Abrupt eight (8): the Defendant was doing so; and the Plaintiff began to take treatment, such as bringing about oxygen resistant resuscitation while doing so.

However, F did not seem to be the basis of recovery in the previous year.

The defendant waived treatment and transferred F to the emergency room of H hospital.

After arrival of the emergency room, cardiopulmonary resuscitation was conducted, but the F died at around 08:32.

E. Plaintiff A is F’s wife, and Plaintiff B, C, and D are F’s children.

F. The Defendant is liable for damages due to nonperformance or tort on the ground that the Defendant neglected to observe the progress of the patient status and to take measures in emergency situations, such as the transfer of the patient to a superior hospital for more than three hours, even though F was used in the toilet and the consciousness of F was unclear as the captain of F. F. The Defendant is liable for damages due to nonperformance or tort.

G. The scope of the amount of damages that the Defendant shall pay to the Plaintiffs is as follows.

(1) Plaintiff A 45 million won: ① Funeral expenses of KRW 5 million, and ②.

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