The Research On The Tort Compensation Responsibility Of Wrongful Birth

Wrongful Birth is a special case which is found from the judicial practices. Along with the rapid developments of the medical technology and medicine science, the trial practice about Wrongful Birth is growing rapidly and the discussion is becoming more violently in every country.At present, many related cases are also emerging in the trial practice of China.But the academic research about Wrongful Birth is almost blank in China.The related research is only limited to the foreign translations and introductions, which are not combined with the domestic specifical conditions and legal regimes.However, this case is related to the civil rights such as personal interests, reproductive rights,property interests and so on.And it is also related to the development of health care institutions,so handling such cases correctly means a great deal to the social stability and the harmonious relations between doctors and patients.Wrongful Birth is a case resulted from the doctors' ante-natal diagnosis faults The doctors missed the child's potential birth defects or although they found the situation but didn't call it to the parents in good time.So that the child was born in disabled,the parents supported him/her at a great expense.Therefore,the parents filed charges against the hospital. From the origin of the case, it is faced with a dispute, which is mainly concerned with the conflict and coordination between the compensation and the justice of life value.I don't think we deny the life value of the disabled child if we give diplomatic recognition of the parents'compensation,instead it is a respect of human life.In the judicial practice, there are two approaches dealing with such cases:contract compensation and tort compensation.Comparing the two approaches, I think we'd better deal such cases with tort compensation.If we construct the tort compensation of Wrongful Birth,we can protect the interests of parents and children in a better way.In this article, I will define the scope of Wrongful Birth,and analyze the connections and differences between Wrongful Birth and Wrongful Life,Wrongful Conception and Medical Accidents. And I will also have an analysis of the four cornerstones of tort liability.Wrongful Birth is a special tort liability and it applys to the fault presumption of the fault principle.At the same time,the compensation consists of the property damage and the moral damage. The compensation of property damage mainly includes the special upbringing costs,but does not include general upbringing costs.It is a duty for the parents to provide for their child.So if we transfer the responsibility to the hospital,it is unfair for the hospital and it is unequal for the child too.