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(영문) 서울동부지방법원 2018.07.05 2017가합104444
손해배상(의)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Status 1) Plaintiff A is the deceased E (hereinafter “the deceased”).

(2) The Plaintiff B and C are the deceased’s spouse, and the deceased’s children are the deceased’s children. (2) Defendant D is a person who, with the intention of operating the F (hereinafter “F”) to administer the deceased’s scopical and psychotropic surgery (FIm). The Defendant educational foundation is the operator of the Hanyang University Hospital (hereinafter “B Hospital”) and the secondary hospital medical staff.

B. 1) On January 9, 2017, the Deceased was discharged to the hospital No. 1 through 119 with a pain on the part of Huuri and the left-hand side of the deceased. Defendant D diagnosed the deceased’s symptoms as 1-5 No. 1 to the left-hand, and 1,000 square meters, and diagnosed the deceased’s symptoms as MadI’s escape certificate, and FImms operation (hereinafter “the first operation”).

The deceased was hospitalized in the first hospital after the instant first operation, and discharged on January 11, 2017. 2) On January 17, 2017, the deceased visited the first hospital on January 17, 2017, and returned to the Republic of Korea after receiving the FImm Operation (hereinafter “instant second operation”) from Defendant D.

C. On January 23, 2017, the Deceased was treated as a patient at the 2nd surgery after the instant secondary surgery, and around January 23, 2017, upon receiving the treatment from the Gneology, the Deceased, who was in the emergency room of the HH hospital on January 24, 2017. Moreover, on January 24, 2017, the Deceased was recommended to be in the emergency room of the HH hospital, to be subject to an additional assessment by the hospital which was absolutely taking a stability from the medical team of the H hospital, and was discharged from the hospital after being urged to undergo an additional assessment. On the same day, on the same day, the Deceased was treated as a patient with the Gneology on the same day, and then, on January 24, 2017, the Deceased was treated as a patient at the H hospital’s emergency room as an emergency radiological control.

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