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(영문) 부산지방법원 2020.08.13 2019가단308194
손해배상(의)
Text

1. The Defendants jointly do so to the Plaintiff KRW 17,390,220, Plaintiff B, C, and D, respectively, and each of them.

Reasons

1. Basic facts

A. On February 8, 2017, G (H) applied to an emergency hospital operated by the Defendant Educational Foundation E (hereinafter “Defendant hospital”) for respiratory distress, and was diagnosed by reconception, etc. by reconcilating and reconcilating. On February 14, 2017, G (H) was diagnosed by reconcincinating and reconcincinating, etc. at the Defendant hospital.

Defendant F is a doctor in charge of anesthesia at the time.

B. Around 18:35 on February 14, 2017, the surgery for G was successfully terminated, and the medical personnel in the Defendant Hospital began to transfer G to a middle patient room at around 18:45 on the same day and arrived at the middle patient room at around 19:00 on the same day.

However, G had already been in the state of heart suspension at the time of arrival of the middle-patient, and the medical staff of the Defendant Hospital implemented cardiopulmonary resuscitation, but G failed to recover, and died of low oxygen brain damage on March 13, 2017.

C. The plaintiff A is the spouse of G (hereinafter "the deceased"), and the plaintiff B, C, and D are the children of the deceased.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, result of examination of medical records, purport of the whole pleadings

2. The plaintiffs' assertion

A. The medical team at Defendant Hospital neglected the duty to observe the Deceased, who is a patient who had undergone a general anesthesia surgery, and was at the latest found the deceased’s heart suspension, thereby causing the death.

B. The medical personnel of the Defendant hospital could not undergo the recovery room immediately after the surgery and anesthesia of the deceased. The medical personnel of the Defendant hospital could not undergo the recovery room.

In addition, it violated the duty to explain that there is a possibility that more than 10 minutes can be sent without intensive surveillance of medical personnel and medical equipment.

C. Accordingly, the Defendants jointly have a duty to pay the following money to the Plaintiffs as compensation for damages.

1) Plaintiff A’s loss ① Medical expenses: 8,728,630 won: Funeral expenses: 11,720,700 won: 30,000 won equivalent to inheritance shares (3/9) among the deceased’s consolation money of KRW 90,000,000, and the Plaintiff’s consolation money of KRW 10,000,000, in total, KRW 40,000,000.

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