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(영문) 서울고등법원 2015.12.24 2014나46695
손해배상(의)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is a person who establishes and operates the Seoul Asan Hospital located in Songpa-gu Seoul Metropolitan Government 2, 388-1 (hereinafter "the defendant hospital"), and is the employer of the medical staff of the defendant hospital, the deceased C (hereinafter "the deceased"), and the mother of the plaintiff B.

B. 1) On August 20, 2004, the Deceased was hospitalized in the Defendant Hospital on brain light on August 20, 2004, and was hospitalized on August 23, 2004 due to a decrease in the blood plate, and on October 4, 2004, the Deceased showed a small decrease in macro-nuclear cells and that there was lack in chronology. After that, the Defendant Hospital decided to observe the blood values of the Deceased on a regular basis. 2) After that, on May 14, 2010, the Deceased was hospitalized in the Defendant Hospital, and on June 21, 2010, the Defendant Hospital was hospitalized in the form of a gradually decline in the hipine, in the form of a hyllogine, humcon, and the blood plate values. Accordingly, on June 21, 2010, the Defendant Hospital performed the marine test on the Deceased on the condition that the Defendant Hospital was conducted on June 21, 2010.

그 결과 망인은 골수형성이상증후군(myelodysplastic syndrome : MDS) 중 다계열형성이상불응성혈구감소증refractory cytopenia with multilineage dysplasia : RCMD)이라는 진단을 받았고, 피고 병원 의료진은 망인에 대하여 철분제를 투여하면서 경과관찰을 하기로 하였다. 3) 망인의 혈소판수는 2010. 8. 10. 20,000/㎣ 미만으로 감소하였고, 2011. 10. 11.에도 20,000/㎣ 미만의 소견을 보였으며, 2011. 11. 22. 12,000/㎣으로 감소하였다.

4) After November 22, 2011, the medical team at Defendant Hospital compared and explained to the Deceased about the immunodeficiency surgery and pelpar surgery, and the Deceased decided to receive the transplant of the same kind of hemosome cells. 5) On May 4, 2012, the medical team at Defendant Hospital explained to the Deceased on the method of transplantation, purpose, expected effects, and possible mergers, etc. for the transplant of the same kind of hemosome cells, and obtained consent from the Deceased.

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