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(영문) 서울중앙지방법원 2015.08.11 2014나31478
손해배상(의)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 12, 2003, the part B of the Plaintiff (DB) complained of the symptoms of which the disease occurred on the part of the part of the right part of the Plaintiff (hereinafter “the instant disease”) located on the part of the Defendant Hospital and the part of the Defendant Hospital before three to four months ago (hereinafter “instant disease”). The Plaintiff complained of and provided medical treatment for the symptoms of which the disease occurred on the part of the right part of the Defendant Hospital.

B. The physician who provided medical treatment for the plaintiff deemed that the disease of this case can be covered by the skin fiber type and the skin accessories, and removed the 2m thick spunching of the skin where the disease of this case occurred in order to conduct an organized postmortem examination.

(hereinafter referred to as “the instant procedure”). The blood transfusion occurred in the place where the skin was removed from the skin.

C. As a result of the organizational inspection, the disease of this case was diagnosed as a kind of flag, which is a species of the flag of the cultivation species.

Plaintiff

In the face of this case, 0.48cm x 0.8cm x scarkes of size 0.8cm (hereinafter referred to as “the chest”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 6, 12, 14 and the purport of the whole pleadings

2. Determination as to the cause of action

A. For the following reasons, the Defendant hospital is obligated to pay medical expenses and consolation money to the Plaintiff.

(1) The doctor in charge of the Defendant Hospital performed the instant treatment without fulfilling his duty of care, thereby putting the Plaintiff’s face with the chest.

(2) A doctor in charge of the Defendant Hospital did not give sufficient explanation to the Plaintiff’s guardian as to the possibility of left the face before the instant treatment.

B. (1) Determinations on the assertion of medical malpractice are examined. As seen above, the possibility of sexual intercourse cannot be ruled out, and thus, it is necessary to conduct a tissue inspection. In light of the fact that there is a need to recover adequate amount of tissue for a tissue inspection, the statement and image of evidence Nos. 6 through 8, 10 through 14, 17, 19 through 21 are the intention of the Defendant hospital.

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