(영문) 부산지방법원 2018.10.18 2017가단323755

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(영문) 부산지방법원 2018.10.18 2017가단323755

손해배상(의)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a doctor who operates D Sung-gu Busan Central District Medical Center (hereinafter “instant hospital”).

B. On June 12, 2017, the Plaintiff requested that the Plaintiff remove it because he/she left a chronological surgery at the same hospital for about 10 years prior to the instant hospital.

C. On the same day, the Plaintiff received a chest correction procedure from the Defendant (hereinafter “instant procedure”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1-4, the purport of the whole pleadings

2. Assertion and determination

A. Plaintiff 1) around 2003, the Plaintiff was under the crypt operation at the instant hospital, and scarbs were found to have been scarbs. 2) on June 12, 2017, and the Plaintiff visited the instant hospital again with a contingency on June 12, 2017, and was under the instant procedure to recommend that the Defendant would be able to conduct the crypt, and that the Defendant would be able to conduct the cryptive procedure. The Plaintiff suffered a more scarbs than in the past, and

3) The Defendant did not notify the Plaintiff of accurate information about the instant treatment and the post-treatment, and neglected to perform his duty of care in treatment. 4) The Plaintiff was treated with physical and mental pain due to the instant case, and had a chest with which it is currently impossible to completely recover. As such, the Defendant is liable to compensate the Plaintiff for damages KRW 50 million (the daily income of KRW 20 million, the consolation money of KRW 30 million, and the consolation money of KRW 30 million).

B. The relevant legal doctrine’s obligation to treat a patient is not an obligation to achieve the result like the cure of a disease, but an obligation to take necessary and appropriate measures in light of the current medical level with the fiduciary duty for the treatment of a patient, i.e., the obligation to perform necessary and appropriate measures for treatment with the fiduciary duty for the treatment of the patient. Therefore, it cannot be presumed that the non-performance of the obligation

In addition, even if there is a follow-up disability by medical practice, the follow-up disability is at the time.

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