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(영문) 서울고등법원 2016.10.27 2014나2042156
손해배상(의)
Text

The judgment of the first instance court, including the claims extended and reduced in the trial, shall be modified as follows:

Defendant D and E.

Reasons

Basic Facts

Defendant D’s status as a party is an doctor operating Gsanbu (hereinafter “Defendant Hospital”) located in the prime city, and Defendant E is a doctor in charge of only the part of Plaintiff A, who is a doctor in charge of anesthesia and a medical specialist working at the Defendant Hospital. Defendant F is a doctor in charge of emergency measures against Plaintiff A from the birth of Plaintiff A to the transfer of the Plaintiff.

Plaintiff

C is the mother of the Plaintiff at the Defendant Hospital, and the Plaintiff B is the husband of the Plaintiff C and the father of the Plaintiff.

Plaintiff

The plaintiff C, as the first mother of the age of 34 years, was diagnosed on January 23, 2010 by 6 weeks of pregnancy at the defendant hospital after being diagnosed on the first 4th day of pregnancy at the defendant hospital in order to verify whether it was pregnant on January 23, 2010. There was no specific opinion in the process.

Plaintiff

C had a physical symptoms from the day immediately preceding the day when pregnant 35 parking spaces H (hereinafter the same day is omitted, and only time is stated) started, and the body was changed to the Gu, and it was applied to the Defendant Hospital around 13:15.

Defendant E, at the first floor of the Defendant hospital, attached the fetus heart surveillance device to Plaintiff C, and recorded at around 13:15 as the heart watcher (A No. 20 No. 20-3) on 23:5, which seems to have been erroneous at the time when the fetus heart surveillance device was installed.

As a result of the examination of the fetus heart, the Plaintiff C transferred to the second floor delivery room as the result of continuous reduction of the maturity of 7-8 minutes.

Since then, the medical personnel in the defendant hospital did not request the plaintiff C to return a fetus to the plaintiff C, and confirmed the fetus heart in the course of providing the plaintiff C with a oxygen, and there was no opinion to reduce the crypted with the maturity of at least 13:25. At around 14:00, the fetus heart was maintained within the normal range of at least 120-160 times per minute, and the plaintiff C did not appeal to the return any further.

Defendant E is the Plaintiff.

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