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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
Reasons
1. The reason why this court's reasoning is stated is as stated in the part of "basic facts" of the judgment of the court of first instance, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. At the time when Plaintiff A’s assertion was first brought to the Defendant hospital, the pertinent Plaintiff had already been in need of medical treatment due to the occurrence of psychotropic infection, and the disability of the field of vision and vision, fluoral quality, cerebral disease, etc., which are the typical symptoms of pathal infection, have been revealed, and thus, the Defendant hospital was in charge of spine MRI’s physical examination, despite the fact that the Defendant hospital failed to conduct such examination and treatment, thereby resulting in the said Plaintiff’s current disability. Therefore, the Defendant hospital is liable for damages suffered by the Plaintiffs.
B. Where a doctor 1 performs medical acts such as diagnosis, treatment, etc., he/she has a duty of care to take the best measures required to prevent risks depending on the patient’s specific symptoms or circumstances in light of the nature of the duties to manage the patient’s life and body, and such duty of care shall be determined on the basis of the level of medical practice performed in the clinical medical field, such as medical institutions, at the time of performing the medical act. In particular, the diagnosis is an important medical act selected by the Medical Treatment Act as a starting point of clinical medicine, which is based on the outcome of a literature promotion agency and various clinical tests, and includes the type, character, and degree of progress. Thus, even if it is impossible to conduct a complete clinical diagnosis, the diagnosis is conducted within the scope of the level of diagnosis performed in the clinical medical field at least within the scope of the level of medical ethics, medical knowledge and experience required by the relevant doctor as a professional.