1. Of the judgment of the first instance, the part against the plaintiffs falling under the following amount shall be revoked.

Basic Facts

The court's explanation on this part is identical to that of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The medical personnel of the defendant hospital alleged by the plaintiffs as to the negligence in the execution of the first operation, while carrying out the first operation, caused damage to the blood and cerebral dypine in order to remove the end of the brain sewage body in an unreasonable manner, and thereby caused a wide range of cerebral sypology on the side of the right side side after the first operation.

Judgment

In a case where a subsequent disability occurs as a result of medical practice, unless there are circumstances to deem that the symptoms were beyond the scope of generally recognized complications in light of the content of medical practice, the process of surgery, the occurrence and degree of merger, the level of medical care at the time, and the degree of advanced medical personnel’s advanced training, etc., even if the best measures were taken at the medical level at the time of the occurrence of the injury (see Supreme Court Decision 2007Da76290, Mar. 27, 2008), it cannot be presumed that the occurrence of the subsequent disability was negligent in the medical practice (see Supreme Court Decision 2007Da76290, Mar. 27, 2008). In a case where the symptoms caused the death to the patient during the surgery were proved by indirect facts that cannot be deemed to have any other reason than the medical negligence, and thus, it is possible to presume that the symptoms were negligent in the medical process due to the presumption of the causal relationship between the doctor’s negligence and negligence.