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The judgment below
Among them, the part against Defendant B Hospital and Defendant C is reversed, and this part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Where a doctor performs medical acts, such as diagnosis, treatment, etc., he/she has the duty of care to take the best measures required to prevent any danger depending on the patient’s specific symptoms or circumstances, given the patient’s specific symptoms or circumstances. Such duty of care shall be based on the level of medical acts being performed in the clinical medical field, such as a medical institution, etc. at the time of performing the medical act. The level of medical care shall be determined at a normative level, based on the generally known medical doctor at the time of the medical act, as well
(see, e.g., Supreme Court Decision 2009Da45146, Nov. 10, 201). 2. Review of the reasoning of the lower judgment and the record reveals the following facts.
On September 1, 2008, the Plaintiff was hospitalized in F Hospital located in Seongbuk-gu, Sungnam-si, Sungnam-si, and received the instant personal injury, etc. on the right part of the Defendant C, who is a doctor, on the right part, from the Defendant C, and discharged on September 16, 2008.
B. On September 19, 2008, the Plaintiff moved to the F Hospital in Korea, and the result of the diagnosis was the result of the surgery’s view that the operation division lsheet and lited, and the Defendant C prescribed the following antibiotics, which inhaled and pressured the above lits.
C. On October 8, 2008, when the Plaintiff re-enters the F Hospital, the Plaintiff appeared to the department of surgery. On November 5, 2008, the Plaintiff was provided with spawn surgery and removal of agriculture.
On November 28, 2008, the plaintiff was finally admitted to the F Hospital, and following the date, the plaintiff was transferred to the I Hospital located in the J of Seongbuk-gu, Sungnam-si. At that time, the medical records of the I Hospital had been laid down on the outside side of the plaintiff's operation, and there was a brupt, brupt, and brue on the outside side of the operation department of the plaintiff.