National Health Insurance Corporation

A medical corporation, Samsung Medical Foundation (Attorney Yoon Jae-soo et al., Counsel for defendant-appellant)

May 10, 2019

1. The defendant shall pay to the plaintiff 99,99,054 won and 51,099,438 won among them, 2018, 27,804,168 won, 5% per annum from October 12, 2018 to May 31, 2019, and 15% per annum from the following day to the date of full payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 40% is borne by the Plaintiff, and 60% is borne by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

For the Plaintiff KRW 166,65,090 and KRW 85,165,730 among them, the Defendant shall pay to the Plaintiff 5% per annum from July 20, 2018 to the service date of a duplicate of the complaint, 46,340,280 per annum for KRW 5%, 35,159,080 per annum from October 12, 2018 to December 5, 2018 to the service date of a duplicate of the application for modification of the claim and the cause of the claim, 5% per annum from February 9, 2019 to March 13, 2019 to the service date of a duplicate of the application for modification of the claim and the cause of the claim, and 15% per annum from the next day to the day of complete payment.

1. Facts of recognition;

가. 소외 1(1955년 생)은 2017. 12. 7. 급성담낭염으로 피고가 운영하는 (병원명 생략)(피고병원)에 입원하여 경피적 담도배액술 및 도관 삽입술(PTGBD insertion)을 시행 받았는데, 2017. 12. 8. 혈압저하, 고열, 패혈증이 생기자 중환자실로 옮겨져 고유량 비강 캐뉼라 산소투여법 등 치료를 받았다.

B. The Defendant Hospital assessed Nonparty 1 as a patient of the high risk control group in abortions in accordance with the manual of the risk assessment tool, and took measures to prevent abortions, such as fixing the wheels of the abortions, fixing the wheeler, using the clicker's clicking safety bell, and providing Nonparty 1 with education for the prevention of abortions on several occasions.

다. 소외 1은 2017. 12. 11. 04:00경 중환자실에서 침대에서 떨어져 뇌손상을 입는 사고(이 사건 낙상사고)를 당하였다. 피고병원이 작성한 간호기록에 의하면, 간호사는 03:25경 소외 1이 ‘뒤척임 없이 안정적인 자세로 수면 중’인 상태를 확인하였고, 03:45경 ‘PTGBD 배액 중’이었는데, 04:00경 ‘쿵하는 소리 나 돌아보니 침상난간 안전벨트와 침대난간을 넘어와 엉덩이 바닥에 닿아있는 모습 발견함과 동시에 뒤로 넘어지며 머리 찧는 상황’을 발견하였다. 피고병원 중환자실은 간호사 1명이 환자 3명을 담당하고 있었다.

D. The Plaintiff paid KRW 85,165,730, and KRW 46,340,280 until October 11, 2018, and KRW 35,159,080 until February 8, 2019, respectively, as the Service’s contribution, among the medical expenses incurred in the instant accident.

[Grounds for Recognition: Facts without dispute, Gap 2 through 6, Eul 1 and 2, and the purport of the whole pleadings]

2. The assertion and judgment

A. The parties' assertion

The Plaintiff asserted that, at the time, Nonparty 1 was in the surface of the water, and that the instant accident was caused by the negligence in the management of the Defendant Hospital. The Defendant asserted that the Defendant: (a) the Defendant hospital classified Nonparty 1 as a patient at high risk group; and (b) made best efforts to prevent abortion; (c) so, the Defendant hospital did not err in the Defendant Hospital regarding the instant accident.

B. Determination

(1) The facts acknowledged earlier, and all the evidence revealed in the argument of this case, it cannot be clearly confirmed that Non-party 1 suffered from an invasion and even after considering the progress of this case, the accident of this case is still in the surface of the water, and there is no other evidence to deem that Non-party 1 engaged in dangerous conduct, such as causing body in the bed, etc., in which Non-party 1 appeared to have been in the state of water surface, and Non-party 1 was in the place of accident and Non-party 1 could be deemed to have caused a serious risk in abortion to the extent that the defendant hospital could be classified as a patient with high risk in the face of an accident. In full view of the circumstances such as the fact that Non-party 1 was in the place of accident and Non-party 1 could be deemed to have requested a higher attention of the defendant hospital, it

(2) However, as seen earlier, the specific circumstance of the accident is somewhat unclear, the defendant hospital appears to have taken considerable measures to prevent the relevant accident, and the non-party 1 appears to have increased the degree of damage caused by the instant accident due to the low blood response, etc., by taking into account the various circumstances revealed in the argument of the instant case, the defendant's liability for damages is limited to 60%.

(3) Therefore, the Defendant’s claim is accepted within the scope of the Plaintiff’s claim, as it is 9,99,054 won (166,665,090 won x 0.6) and damages for delay.

Judges Yellow Hun-Ba