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(영문) 울산지방법원 2020.02.13 2019나11784
손해배상(의)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The court's explanation on this part of the basic facts is the same as the entry of "1. Basic Facts" among the grounds of the judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

However, the second below of the judgment of the court of first instance corrects the second below's "dol" as "after," and the fourth fifth's "medical completion" as "after," respectively.

2. A party’s assertion and determination

A. The gist of the Plaintiff’s assertion 1) Defendant C was negligent in the medical care of selecting the instant treatment method, which should not be applied to patients with serious illnesses, such as the Plaintiff. 2) Defendant C’s medical care after the instant treatment, and the Plaintiff’s physical condition was rapidly deteriorated due to the Plaintiff’s damage to the prevention of negorithy, and the occurrence of negorithic damage. This is presumed to be attributable to Defendant C’s medical negligence.

3) Therefore, Defendant C is liable to compensate the Plaintiff for damages caused by medical negligence, and Defendant C is jointly and severally liable with Defendant C as the employer of Defendant C. B. (B) Determination 1) Whether Defendant C’s choice of the instant treatment by means of treatment may be deemed to have medical negligence may be determined by the patient’s situation, the current medical level, and the method of treatment deemed appropriate based on his/her professional knowledge and experience.

Unless it exceeds the reasonable scope of discretion, only one of them is justified, and there is no negligence in taking any other measure.

(see, e.g., Supreme Court Decision 2017Da203763, Feb. 14, 2019). Examining the following facts and circumstances, based on the aforementioned legal principles, the result of the commission of physical examination to the H Hospital president by the court of first instance, the result of the commission of medical examination to the IF Hospital president by the court of first instance, the result of the commission of medical examination to the IF Hospital president by the court of first instance, and the overall purport of the arguments.

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