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(영문) 서울서부지방법원 2018.06.15 2017나36363
손해배상(의)
Text

1. All appeals filed by the plaintiffs and the claims extended by this court are dismissed.

2. After an appeal is filed.

Reasons

1. This part of the judgment of this court is based on the reasoning of the judgment of the court of first instance, as stated in the “1. Basic Facts”. Thus, this part of the judgment is acceptable by the main sentence of Article 420 of the Civil Procedure Act

2. The plaintiffs' assertion

A. The Defendant did not have to examine whether there was a sulphism, such as high blood pressure, etc. before treating the deceased’s anesthesia treatment, and did not measure the blood pressure in advance. In administering a national anesthesia containing Epulphin, the Defendant was negligent by failing to seek prior advice from the internal doctor on the deceased’s high blood pressure.

B. The Defendant had been negligent in observing the progress despite the fact that the Deceased complained for a forum, or in discharging the deceased in a timely manner without taking measures to transfer the hospital to a superior hospital.

C. The Defendant did not seek explanation and consent on the possible results of a national anesthesia containing Ethical anesthesia to patients with high-tension, such as the Deceased before the treatment of the Deceased, and did not return home after completing treatment, and did not provide necessary guidance on the method of medical care.

Since the deceased died due to the above medical negligence of the defendant, the defendant is liable for all damages caused by the death of the deceased.

The deceased’s lost profits are KRW 202,279,816, and solatium KRW 70,000,000, and KRW 272,279,816. The plaintiffs, the inheritor of the deceased, were inherited.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 137,915,045 (i.e., KRW 90,759,938, 15,938, 11,50,00, funeral expenses of KRW 5,000,000, funeral expenses of KRW 15,000,000,000, 15,000,000), Plaintiff B, C, and D, each of whom is 65,506,625,00 (i.e., share of KRW 60,506,625,00,000,00), and delay damages therefrom.

3. Determination

A. When a doctor of the relevant legal doctrine provides medical treatment such as diagnosis, treatment, etc., a person.

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