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(영문) 서울고등법원 2019.11.14 2018나2068934
손해배상(의)
Text

The part against the Defendants in the judgment of the first instance is revoked, and the Plaintiffs corresponding to the revoked part are the Defendants.

Reasons

1. Basic facts

A. Defendant C, D, and E are persons operating the “I Hospital” located in Guro-gu Seoul Metropolitan Government H (hereinafter “Defendant Hospital”). Defendant F is the father and doctor in charge of only Plaintiff B’s portion while working in the Defendant Hospital.

The network N (hereinafter referred to as “the deceased”) is a deceased person born at the Defendant Hospital, and the Plaintiffs are the parents of the deceased.

B. On February 7, 2016, Plaintiff B confirmed the pregnancy reaction with a pregnant woman’s diagnostic test. From February 11, 2016 to October 12, 2016, Plaintiff B was diagnosed by the medical personnel, including Defendant F, at the Defendant hospital, at the pre-cativity test conducted during the aforementioned period. At the pre-cativity test conducted during the pre-cativity test, both the mother and the fetus were not observed. (ii) On October 19, 2016, the Plaintiff B was diagnosed by the outside hospital to undergo the pre-cativity test (hereinafter “the date date is omitted and indicated; hereinafter the same shall apply) around 11:14, 2016, which was the fourth day of pregnancy. As a result, Plaintiff B was unable to undergo the pre-cativity test, and 5 minutes of the pre-cativity rate was 5 minutes of the pre-cativity test and 40 minutes of the pre-cativity test.

Accordingly, the medical staff of the Defendant Hospital judged that only a minute was imminent and hospitalized Plaintiff B, and gave birth to the Plaintiff at around 18:07, and at around 18:07, the Defendant Hospital gave birth to the Plaintiff, and the major contents of the treatment of the Defendant Hospital’s medical staff are as follows:

From the perspective, 11:30 MTS verification: 11: 80/80-80-89-36.5 of the embryo heart, 111:5/80-80-89-30, 80% of the embryo heart, 13: NTS verification of the embryo heart, 147/ minute 14: 15/60-78-36.12 NTS verification of the embryo heart, 14: 145/14: 14: 145/40 of the embryo heart, and 14: 14:20 of the embryo heart, 13: 15/60-78-36.12 NTS verification of the embryo heart,

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