The Analysis On The Case Of Cui V. A Hospital Of Dongying About "Wrongful Birth"

The concept of "Wrongful Birth" initially dates back to American Tort Law, which is the fact of because physicians'negligence not to discover fetus'congenital diseases or not to be most reasonable duty of disclosure to pregnant woman to cause the infant to be born with congenital defects. The case launches by the parents against medical institutions for compensation is called "Wrongful Birth" lawsuit. From the first "Wrongful Birth" lawsuit Gleitman v. Cosgrove case appearing in 1967 year to now, time has gone by half a century. There is still some controversial focal points about these cases:the anspruchsgrundlage,the nature of damaged right,how to identify medical negligence,the scope of compensation. Also, different courts handle similar practices variously. Therefore, it has profound meaning to study the disputable legal questions.The main body of this dissertation is divided into three parts except for the foreword and conclusion.The foreword mainly introduces background,meaning,method of writing this article,studies of the present situation of similar cases.The first part states a concrete case about "Wrongful Birth" lawsuit and main controversial focal points of this case.The second part sets forth analysis on anspruchsgrundlage,prosecutor's right to know whether or not to be damaged, and has analyzed medical malpractice from empirical study method.The three part expounds the medical institution's compensation liability from the aspect of compensation scope.The writer states her own opinions on the conventional focal points of this case and offers some reference for similar cases in the conclusion.The second part is the critical section of the whole article.