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(영문) 서울고등법원 2015.10.29 2013나2017733
손해배상(기)
Text

1. The above plaintiffs, among the part against plaintiffs A and B of the judgment of the court of first instance, who are ordered to pay below.

Reasons

Basic Facts

The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

In the process of the instant surgery, the Plaintiff’s blood transfusion was excessive as approximately 1,000cc at the time of the instant surgery, and there was a situation in which the blood transfusion of the deceased was leaked after the instant surgery, and the Defendant hospital’s medical personnel was negligent in the process of the instant surgery.

In addition, there is no record of the deceased's condition at the time of the instant operation (such as the state of light condition, whether brain is leaked, etc.) on the medical records prepared by the medical staff of the Defendant Hospital, which constitutes an act of interference with verification.

Judgment

In full view of the facts as seen earlier and the overall purport of the arguments as a result of each request for the examination of medical records to the head of the hospital of the first instance, the deceased’s blood volume at the time of the instant surgery was approximately KRW 1,000c, and the six days after the instant surgery and the tenth day after the instant surgery, and the same month.

9. As the medical staff at the Defendant hospital’s hospital’s medical team appears to have taken brain dysium on the part of the deceased’s dysium, the medical team at the Defendant hospital’s hospital performed dysium surgery. The medical record at the time of the instant surgery is acknowledged that there was no indication as to the deceased’s hysium condition at the time

However, on the other hand, the evidence and evidence mentioned above are written in No. 31, and the overall purport of the arguments as a result of the request for the examination of medical records to the head of the Seoul Medical Center for the Seoul Medical Center, namely, the following circumstances acknowledged by comprehensively considering the following circumstances, i.e., ① in the case of an operation by saving two cells, such as the instant operation, a large quantity of blood transfusion is inevitably accompanied by a large quantity of blood transfusion. In order to supplement the blood transfusion mentioned above during the instant operation, it was conducted in charge 2 wave (800C) and there was an appraisal responding to the request for the examination of medical records in the first instance trial.

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