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(영문) 수원지방법원 2019.03.20 2018고단4950
업무상과실치상
Text

Defendant

A shall be punished by a fine of KRW 5 million, by a fine of KRW 500,000, by a fine of KRW 500,000, and by a fine of KRW 1 million.

Reasons

Punishment of the crime

Defendant

A is a medical specialist in the family department of “D”, and Defendant C and Defendant B are nurses of the above medical center.

Defendant

A around 11:00 on June 22, 2013, at the department of “D” family department E2 in Suwon-si, Suwon-si, and at the department of medical examination and treatment for comprehensive health examinations, A was requested from the victim F (N, 42 years of age) who was under the family department in order of the examination and treatment in order of the examination.

In such a case, Defendant A, a doctor, must clearly verify whether the patient is the party party party party party party party party party party party party party part of the medicine required by the hospital, and even if information on the medicine was provided by the nurse, Defendant A, a doctor, has a duty of care to re-examine whether the medicine is the appropriate party party party

Defendant C, who is a nurse, had a duty of care to inform the doctor of the information about the medicine, after accurately ascertaining whether the medicine requested by the doctor is accurate, and whether the confirmed medicine has the efficacy required by the doctor, when inquiring the doctor of whether the medicine is to be administered to the patient.

In addition, Defendant B, who is a nurse, had the duty of care to check and take care of the basic efficacy, side effects, and cautions for injection prior to the administration of the prescribed drug for the performance of his duties, and to check and take care of such directions in advance. In a case where it is easily possible to find out that such directions were prescribed by negligence if he had known in advance, prior to the mechanical performance of the doctor’s prescription, he had the duty of care to prevent risks caused by the implementation by re-verification to the person concerned.

Nevertheless, Defendant C is above.

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