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Study On Wrongful Birth And Relevant Legal Issues

Posted on:2012-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:H J LiuFull Text:PDF
GTID:2216330371453400Subject:Law
Abstract/Summary:PDF Full Text Request
"Wrongful Birth"is a concept in American Law, which is the fact of mainly because doctor's negligence not to diagnose embryo's latent birth defect or not to be most unreasonable duty of disclosure to his/her parents to cause the child of physical disabilities to be born. The scholars in China Localized it as "doctor's breach of Prenatal diagnosis duty". The lawsuit which mentions by the parents of physical disabilities to claim Damage compensation is"Wrongful Birth"suing. It most starts to appear in the 1960s' US. Along with the raise of this legal issue, different sounds always exist in widespread way , both theoretically and practically.Lots of disabled babies were given birth every year, which brought about financial burden and mental stress to their families, meanwhile series of social problems. Better prenatal health care and diagnosis is critical for better birth. With consensus of this criteria and rights-defending awareness, lawsuits against negligence in Pre-natal diagnosis spring out these years. However ,there is no specific provisions on this issue and therefore rulings are various. In regard of this situation, research on "Wrongful Birth" and Relevant Legal Issues is vital important. The author aims to provide some points of view on this problem. The following essay mainly divides into five parts: The first part is about the concept and characters of"Wrongful Birth". The second part focuses on the Litigiousness of"Wrongful Birth"with sociological significance. The third part analyses on the claim basis of"Wrongful Birth"lawsuit. Claim against breach of contract and lawsuit of tort liabilities are discussed in this part. The forth part argues that the plaintiff's basis for right claim should be Right Infringement Responsibility. The fifth part includes the limits of subject of claim and the compensation scope.
Keywords/Search Tags:Wrongful Birth, Claim Basi, Tort, Liability, Damage Compensation
PDF Full Text Request
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