Research On Damage Compensation Relating To Handicapped New-Borns

People know the condition of child before it is born through prenatal diagnosis. But children with birth detects are still born because of the limitations of medicine and negligence of doctors. Lawsuits based on the negligence of doctors are summarized as damage compensation relating to handicapped new-born. In our country, different courts made different verdicts. It's meaningful to do a research on this question.Damage compensation relating to handicapped new-born contains wrongful birth suits and wrongful life suits. Wrongful birth claims are brought by the parents (generally the mother) against the doctor who gave prenatal treatment and negligently failed to diagnose or inform that the child would probably be retarded or deformed, thereby denying her the opportunity to abort. Wrongful life claims, on the other hand, generally arise when a child is born deformed or retarded and sues his doctor for negligently diagnosing or informing his mother about his condition, thereby denying his mother the opportunity to abort. First it differentiates wrongful birth, wrongful life and wrongful pregnancy, and then compares damage compensation relating handicapped new-born with other medical litigations in this thesis.Secondly, given significance of comparative law, it makes a research on judicial and legislation of the United States, Britain, France, Germany, Japan and China's Taiwan region, and conducts a simple comparison. It's the difference in bioethics, legal system and the degree of social security system that resulting the different verdicts.Again, the basis of claim in damage compensation relating handicapped new-born is analyzed. In wrongful birth suits, parents have the right to request compensation based on breach of contract, also could bring the lawsuits based on the negligence of the doctor that infringe informed consent of parents. In wrongful life suits, the new-born child isn't the party of contract, he or she could only sue that doctor's negligence inappropriately infringe his or her right to know their health status.Later, after determining the basis of the claim, the extent of compensation is examined. The difference between lawsuits of contract and torts is that the former couldn't admit compensation for moral damages, while others are more consistent. It argues that special damages, general damages and damages for pain and suffering should all been contained. Wrongful birth and wrongful life should not be different in the extent of compensation.Finally, damage compensation relating to handicapped new-born involves moral, ethical, and public policy issues. The United States initially refused to recognize wrongful birth suits is also based on considerations of public policy. It makes a specific analysis on the ethical issues of abortion, human dignity of handicapped new-born and defensive medical problem in this thesis, and concludes that the recognition of lawsuits of wrongful birth and wrongful life is in line with our public policy.