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(영문) 서울고등법원 2019.01.10 2018나2015503
손해배상(의)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

Basic Facts

The defendant in the status of the party is a doctor who had been operating the Gosan-si Medical Center B (hereinafter referred to as the "Defendant Hospital") in Osan-si, and the plaintiff is a person who was diagnosed by the escape certificate of conical signboards No. 4-5 in the defendant hospital and was diagnosed by the escape certificate of conical signboards No. 4-5 in the City of Osan-si.

The plaintiff's internal background and the plaintiff of the first operation had been treated in the defendant hospital since April 2013 due to the sacr and tension, etc., and on February 23, 2015, the plaintiff appealeded that "the 12th day of the same month, the sacrife of the bridge, the sacrife of the right side and the sacrife of the bridge, and the sacrife of the sacrife of the sacr." applied to the defendant hospital.

As a result of the non-permanent inspection conducted against the plaintiff at the time, the opinion of restriction was observed at about 40 degrees on the right side, and the fact that the right-hand mother is suspected of the violation of the right-hand mother.

On February 26, 2015, the medical personnel at Defendant Hospital requested D Hospital to conduct the RoI inspection against the Plaintiff, and the Plaintiff’s Round was observed on the degree of signal intensity decline of conical signboards between No. 3-4, No. 4-5, and No. 5-Y No. 1 of the Plaintiff’s Meetical, and the protruding of conical signboards between 4-5 and 5 of the Meetical Year, and the central protruding of conical signboards was confirmed between No. 5-MI and 1 of the Meetical Year.

The medical personnel of the Defendant Hospital diagnosed the Plaintiff as the escape certificate No. 4-5 of the Pacific Year No. 4-5, and on February 27, 2015, the medical personnel of the Defendant Hospital performed the emulcary nuclear type surgery (hereinafter “the first surgery”) to the Plaintiff.

제1차 수술 이후 경과 및 제2차 수술 원고는 수술 다음날인 2015. 2. 28. 10:00경 수술한 다리에 힘이 없고 다리가 들리지 않는다며 마취한 것 같은 찌릿함과 저린 증상을 호소하였고, 같은 날 20:00경 양쪽 다리의 감각이 다르고 우측 다리가 저리다고 호소하였다.

After the first operation of the instant case, the Plaintiff did not show the symptoms.

On March 19, 2015, medical professionals with Epathical department conducted the primary neutism test against the plaintiff, and "the right side of the plaintiff."

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