203 Doz. 16873 Compensation (Definition)

1. Stambling00 (0000-000)

2. Gu ○○ (0000-0000)

3. Gu △△△△ (0000-000)

The plaintiffs' address omitted

As Plaintiff 2 and 3 are minors, the legal representative mother ○○

4. Park △△△ (0000-0000).

Address omitted

[Defendant-Appellant] Plaintiff 1 and 2 others

Attorney Lee In-bok

Hu00 (00000-00000)

Address omitted

Attorney Park Do-young (Attorney Park Jae-soo)

may 22, 2006

April 19, 2006

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The Defendant, who was in charge of the Gu office, paid 134,519,83 won to the Plaintiff Park ○○, the Plaintiff’s old ○○, and the former △△△△△△△△, 89,346,55 won each, 5,000 won per annum from June 1, 2003 to the date of this decision, and 20% per annum from the next day to the date of full payment.

1. Facts of recognition;

The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the arguments as a result of the fact-finding on Gap evidence 1, 2, Gap evidence 3, 4, Eul evidence 1, 2, Eul evidence 1, 2, Eul evidence 3 through 7, the result of the request to the president of the Korean Medical Association, the result of the request to the president of the Korean Medical Association for the medical records verification, the head of 00 hospitals affiliated with 00 universities (hereinafter 00 hospitals) and the president of the Korean Medical Association, and the purport of the whole arguments.

(a) Family relationship;

As seen below, the Plaintiff Park ○, focusing on the deceased’s wife, the Plaintiff’s old ○○, and the former △△△△△△△△△△△, focusing on the deceased’s wife, each of the deceased’s children, and the mother of the deceased, and the Defendant is the operator of the △△ Hospital (hereinafter “△△ Hospital”) where the Hong○○, a doctor who treated the deceased, belongs to the deceased.

B. The deceased's internal organs and the progress of death

(1) On June 1, 2003, the Deceased was rescued by 119 rescue units while driving a truck under the influence of alcohol 0.219% with a blood alcohol content around 21:00, and putting other trucks into a driver’s seat, and was sent back to an emergency hospital of △△△ around 21:49.

(2) When the deceased arrived at an emergency room, the deceased’s active strength was 120/70mHg, beer and 92mHg, beer, and the deceased’s consciousness was in a state of confusion or confusion so that they could not have a normal communication under the influence of alcohol, and the deceased’s consciousness was in a state of confusion or confusion so that they could not have a normal communication, and the respiratory and heart was normal, and the heart and heart were in a state of breathe, but there was only a significant range of clothes.

(3) At around 22:00, Hong 00 supplied the deceased with a water amount (natum amount) and carried out a radiation photographing on the part of the deceased (However, in the case of a part of the body, the body was not taken by the deceased’s non- cooperation) and the body of light around 22:20, the body of the deceased carried out a CT photographing.

(4) At around 22:30, immediately after the completion of the above radiation photographing and CT photographing, the deceased’s active genome is low (the blood pressure of 100/70mHg, beermp, 82 times/minutes), and Red○ attached a heart monitor to the deceased, and injected a oxygen (three liter/ minute).

(5) Alleys were confirmed in the cT photographing cT photographing cT photographing cryp cryp, the right cryp, the left-hand cryp, the left-hand cryp, etc., and the blood species were confirmed on the right-hand cT photographing gyp of the two parts.

(6) After that, the deceased’s state has deteriorated, active 90/60m Hg and 74 times/minutes around 22:40. At around 22:45, he was aware of the deceased’s consciousness as the deceased’s consciousness was debrised. Between 90/60m Hg and 62 times/minutes of beer with blood pressure. Before that, during 22:50, his blood pressure was reduced to 80m Hg, red ○○ included the deceased’s blood pressure in an engine and administered the Dominant’s typhism in around 23:05, while performing cardiopulmonary resuscitation to the deceased, the deceased’s consciousness was debrised, and he was able to 3:0 pinculic pinium and 24:00 pinculic pinary pinium.

(7) On June 2, 2003, the deceased transferred to ○○ Hospital, died on June 2, 2003 at around 01:33, the next day, a prior death on the multi-presidential credit, and an estimated direct death at the heart pressure.

(c) Relevant medical knowledge;

(1) The cause of death of the deceased is very low, and there is a possibility that the deceased may be three cardio-cerebral shocks due to the cardio-tension, etc. due to the scarcity damage, and the cardio-cerebral shocks due to the scarcity damage and the scarcity damage. In the case of the deceased, the deceased may be suspected of the scarcityic shocks due to the scarcityic shocks (the scarcitys are low, and the scarcitys are at least 100 % of the scarcitys) without the scarcityic shocks. In light of the blood test results of the deceased, it is highly likely that the scarfic shocks are low, in light of the fact that the scarfic shocks in two parts are low, and that the scarfic shocks in two parts are low and that the scarfic shock is the low amount of scarcityic shocks in two parts.

(2) The core voltage before the cardio-tension refers to a phenomenon that obstructs the flow of large liquid body into the heart by high blood body in the heart, and the reason is that is, it may occur even in the case of a cardio-biological disease, unique cardio-ray infection, and cryposis, and in the case of a crypology operation or external wound, it may occur even in the case of a crypology. In the case of suspected cardio-tension, the heart crypology can be conducted to verify it by conducting the heart crypology and first aid in the case of confirmation by the cardio-tension.

(3) In a case where a part of the clothes was shocked due to a traffic accident caused by the shock of the uniforms, etc., damage may occur to the duct, duct, extraction, collection, ledger, workplace, liver, slope, ductal, etc., and the ductal may be caused by the ductal. The ductal shall require a ductal surgery. 25% of the trauma patients need to be ductal surgery. There are many cases accompanied by changes in awareness by two damaged parts or alcohol or drugs, and the clinical assessment of the ductal damage is insufficient only with a diagnosis dog. In this case, the clinical assessment of the ductal damage is not sufficient if there are many diagnosis methods such as ductal washing, ductal, CT shooting, and ductal surgery, etc., and the ductal examination method and limitation may be used in a case where the ductal surgery is not implemented, but most of the ductal surgery facilities can be conducted in lieu of the dumal surgery.

2. The assertion and judgment

A. The plaintiffs' assertion

(1) 망인은 당시 가슴뼈가 여러 군데 골절되는 등 다발성 외상을 입고 응급실로 내원하였을 뿐만 아니라 복부가 팽만되어 있었으므로, 홍00은 복부에 대한 방사선 촬영이나 CT촬영 등을 통하여 복부의 충격으로 발생할 수 있는 장파열·비장파열이나 복강내 출혈 등이 있는지를 검사하여 이에 대한 적절한 조치를 취하였어야 할 것임에도, 흉부나 사지 등에 대한 방사선촬영 및 두부에 대한 CT촬영만을 시행함으로써 조기에 복부의 출혈이나 심장압전 등을 진단하지 못하고 그에 따른 조치를 취하지 아니한 과실로 망인을 사망에 이르게 하였다.

(2) From 22:30 of Jun. 1, 2003, the deceased’s active sensitivity continuously aggravated after being inside the emergency room of △△ Hospital. At around 22:30 of Jun. 1, 2003, her respiratory was reduced by blood pressure of 100/70mHg, beer, 82 times/minutes. At around 22:40 of the same day, active sensitivity fell by blood pressure of 90/60mHg, beer, beer 70 times/minutes. On the same day, at around 22:50 of the same day, the blood pressure of the water stable was reduced to 80mH. The Red○ was required to have taken measures such as blood transfusion at an appropriate time or administering blood pressure sod. However, the deceased’s death was caused by the death of the deceased, such as the death of the deceased, by negligence after he or she was suffering from blood pressure.

(3) In addition, in cases where it is difficult to diagnose or treat the Deceased, the RedO immediately transferred the Deceased to another hospital and had him/her receive appropriate treatment, but neglected to do so and caused the Deceased’s death by negligence.

B. Determination

(1) 홍00이 망인에 대하여 복부 방사선 촬영이나 복부 CT촬영을 실시하지 아니한 것은 앞서 인정한 바와 같으나, 한편 위에서 인정한 바와 같이 홍○○은 망인이 스A병원 응급실에 내원한 즉시 망인의 활력징후를 확인하고 망인의 상태를 검진하였으며, 망인의 혈압과 맥박이 정상치에 가까운 수치이고 호흡음과 심음, 장음에도 아무 이상이 없음을 확인한 다음 망인에게 수액을 투여하고 망인의 전신에 대한 방사선촬영 및 두부 CT촬영을 시행하였는데, 위 촬영 검사결과가 나올 즈음인 22:30경부터 망인의 활력징후가 급격히 나빠지기 시작하여 22:50경 망인에 대하여 심폐소생술을 실시하게 되었는바, 망인과 같은 교통사고 환자의 경우 두부 손상의 개연성이 높을 뿐만 아니라 두부 손상으로 인한 뇌출혈의 경우 그에 상응하는 응급조치가 필요하다 할 것이므로, 응급실의 당직의사인 홍○○이 복부에 우선하여 두부에 대한 CT촬영을 지시하였다고하여 이를 응급실 당직의사의 주의의무에 위반한 것이라고 할 수 없고, 또한 두부 CT 촬영 직후 망인의 활력징후가 악화되고 곧이어 망인이 심폐소생술을 시행하여야 하는 상태에 이른 점에 비추어 보면, 두부의 CT촬영 이후에 복부 CT촬영을 시행하기가 사실상 불가능하였을 것으로 보이므로, 이 사건에서 두부 CT촬영 후 복부 CT촬영 등을 시행하지 않았다는 점을 들어 이를 응급실 당직의사로서의 주의의무위반이라고 할 수도 없다. 따라서 홍○○이 망인에 대하여 복부 CT를 촬영하지 않았다는 사정만으로 홍ㅇㅇ이 응급실 당직의사로서의 주의의무를 다하지 아니하였다고 보기 어렵다.

However, it should have been carried out in the same way as the radiation shooting on the part of the deceased was conducted at the time of photographing the body. Thus, it can be viewed as a redred ○○’s mistake that did not carry out the body radiation photographing. However, the body radiation photographing alone could not diagnose the body of the deceased, such as hair transfusion or long-term damage. As a result, red ○○ was unable to diagnose the body of the deceased’s body radiation shooting, etc. due to the Red ○○’s mistake, which did not carry out the body radiation photographing, and it is difficult to view that the deceased died of the heart shock caused by chest damage. Rather, even if the deceased applied in the AA Hospital emergency room, it appears that it was difficult to diagnose the body pressure of the deceased, even if it was carried out without any damage to the body of the deceased, it was difficult to view that the deceased’s body was caused by the death of the body of the deceased, even if it was caused by the death of the body of the deceased, and even if it was caused by the death of the body of the deceased.

Therefore, the plaintiffs' above (1) argument is without merit.

(2) First of all, according to the above recognition, the deceased’s active symptoms were close to the normal condition at the time of the emergency room in △△ Hospital. In this case, it is deemed that the deceased did not have taken such measures as the implementation of cardiopulmonary resuscitation, blood transfusion, and operation of blood pressure so that he could not take account of the deceased. Moreover, as seen above, Red○ instructed the deceased to take radiation photographing and two parts CT shooting in order to promptly verify the deceased’s abnormal condition after he was inside the emergency room. At around 22:30, the deceased’s pulmonary condition was filled up, and the deceased’s 3-liter’s heart monitoring was posted, and it appears that it was difficult to see that the deceased’s active condition was 22:50 meters high, and that the deceased’s steve at the time of an emergency engine was inserted, and that it was difficult to see that the steve at the time of an emergency patient’s 80mHg, and that it was inappropriate to take any measure such as 30-pulic acid.

In addition, as seen above, the deceased appears to have died from the heart voltage, so long as it was difficult to diagnose the heart voltage of the deceased, as so argued by the plaintiff, Red○○ was in charge of emergency measures, such as blood transfusion to the deceased or administering the blood pressure so as to as soon as possible, it was difficult to avoid the death of the deceased due to the failure of appropriate diagnosis and treatment for the above heart pressure.

The plaintiffs' assertion is without merit.

(3) According to the facts acknowledged earlier, the deceased was under the influence of alcohol at the time of internal organs, but was in a certain degree of food, and was virutative condition. The condition immediately after the radioactive photographing on the deceased and the cT photographing on the two parts, which resulted in a rapid aggravation of the condition, and Red ○○ determined that the diagnosis and treatment of the deceased should be conducted at a superior hospital while performing cardiopulmonary resuscitation, and thus, it was all the deceased. On the other hand, it was impossible to know the fact that the condition of the deceased was difficult to diagnose or treat the deceased as Red ○ before his rapid aggravation, and thus, it cannot be said that the deceased was under the duty of violating all the duties.

Ultimately, the plaintiffs' above (3) assertion is without merit.

3. Conclusion

Therefore, the plaintiffs' claims against the defendant, the employer, who is liable for damages on the premise that Hong 00 is negligent in violating the duty of care when diagnosing and treating the deceased as the doctor on duty of a AA hospital and taking emergency measures, are dismissed in entirety without any justifiable reason. It is so decided as per Disposition.

The presiding judge, the number of judges

Judges Yoon Young-kon

Judge Choi Jin