Wrongful Birth Caused By Improper Compensation

Modern technology has made significant development, the appropriate medical technology enables us to understand human beings at the micro level. Even still her baby, we can be aware of the growth, and because some doctors fault, may lead to the parents of the unwanted birth defects in children. The "Wrongful Birth" compensation for damages caused by the people has been a general concern, and judicial decisions in similar cases are often very different, can not but thought-provoking.To give our judicial practice of "Wrongful Birth" to provide a theoretical reference to the problem, this paper will focus on Europe and the United States and other developed countries reviewed the ruling class in this case the reasons and results, to a period of similar cases appeared in China after the trial for reference and reference and bring enlightenment. Paper mainly discusses six aspects and verification: the first part of the concept of birth will be sorted properly, and then consider the related accountability, and then made a brief analysis of the issue of damages for Wrongful Birth; the second part will be the United States, Britain, Germany, France and Taiwan of China's relevant legislation and judicial status of a comparative study, learn from their successful experiences so as to help to solve our real problem, then the contrary, the legislative and judicial situation in China, was born on the wrong issue to the macro level of ; third part will analyze the "Wrongful Birth" claims arising from the issue, including analysis of claims and claims based on the nature of content in order to clarify the basis and nature of its responsibilities; fourth part will analyze the main Wrongful Birth damages, including right to compensation and Compensation on the scope of persons to be defined; fifth section will detail the composition of the control elements to determine infringement "Wrongful Birth" based on specific responsibilities, and briefly the subject of medical defense; the sixth part of the responsibility will be the corresponding property damages, damages to define the spirit and rules of balance, with profit and loss balance, and then specify the overall calculation of damages.Through these efforts, will allow us on the wrong birth Compensation and have a comprehensive and deep understanding, may be to our country "Wrongful Birth" of the judicial practice to provide a reference, to enable Wrongful Birth injury compensation Dedao make people more satisfied solution.