Analysis On Compensation Of Damage For "Wrongful Birth"

"Wrongful birth"is a notion of the common law."Wrongful birth"means that if the disabled fetus or infant who suffers serious disease is born due to the doctor's negligence, the parents have the right to apply for compensation. The article analyzes and concludes the basis to prosecute, the range of damage compensation and the subject, then gives some personal ideas and suggestions.This paper begins with the explanation of"wrongful birth", and introduces some related cases.In the second chapter, it clarifies and analyzes the legal basis to prosecute by two typical legal cases and gives a detailed investigation on the legal basis of compensation. As to tort and breaching the contract, different countries or areas have different settlements. In common law, the court reaches the agreement by three legal elements: the duty of care, the breach of duty and the causation. And in Taiwan district, the court judges the cases by breaching the contract. By analyzing the differences, this chapter concludes that the tort liability can protect the rights and interests of the plaintiff effectively.In the third chapter, by analyzing the cases and listing damage, it specifies compensation range and subject. In order to relieve and protect the lawful rights and the interests of the plaintiff, it is necessary to identify the legal basis for judging"wrongful birth", compensation range and prosecuting subject.