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(영문) 청주지방법원 2020.02.21 2017가단107483
손해배상(의)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. A (hereinafter referred to as “the deceased”) finished on December 13, 2014, and applied the organic transfer pesticide to the emergency room of the Defendant Hospital at around 16:02 on the same day.

B. The F medical doctor of the first medical department of the Defendant Hospital provided the Deceased with the treatment, such as washing the deceased and administering a hysium and smoking medication. On the same day, he transferred the deceased to a serious patient room at around 20:54 on the same day, and provided treatment, such as antibiotics and liquid administration, by re-transfering the deceased to a general sick room on December 15, 2014.

C. F On December 16, 2014, the Deceased was released from the Defendant Hospital in accordance with F’s decision to discharge the Deceased.

On December 17, 2014, the Deceased was found by the Plaintiff B in a state without consciousness at the house, and was sent to the emergency room of the Defendant hospital by the first responder around 12:42 on the same day, and was in a state without respiratory and beer care due to the heart suspension at the time.

E. The medical professionals at Defendant Hospital recovered from 12:50 on the same day after performing cardiopulmonary resuscitation, etc. to the Deceased. However, the Deceased suffered from obsive brain damage, and was discharged from Defendant Hospital on December 22, 2014.

F. After discharge, the Deceased died on December 30, 2017, while receiving treatment at G Hospital and H Hospital.

G. Plaintiff B’s spouse, Plaintiff C, and D are the children of the deceased, and the Plaintiffs took over the instant lawsuit of the deceased after the deceased died.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 5 through 11 (including each number), Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. Judgment on the grounds of the plaintiffs' claims

A. 1) The Plaintiffs’ cause of their claim is 1) In the event of addiction by organic transfer pesticides, hospitalization is necessary for 10 to 15 days to observe the delayed pathic disease and the organ function disorder, and the patients suffering from drug addiction have the duty of care to explain the fact that the patients and their guardians may have symptoms of drug addiction anytime after discharge. Nevertheless, the doctors of the Defendant hospital who entered into a medical contract with the Plaintiff B and the deceased.

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