Study On The Problem Of Civil Compensation Of Wrongful Birth From The Case Of Hongyu Pan

Wrongful birth is a sophisticated problem involves law、medical、 sociology、philosophy、ethic and public policy. It’s also a problem that’s related to everyone’s interest. It is a conception of American tort Law, which means that when the woman became pregnant, she went to the hospital to take a pregnancy test, the doctor failed to check out the fetus with potential defect or failed to do his duty reasonably to inform the parents the fetus’s condition because of his negligence, which made the parents misunderstood that the fetus was healthy and give birth to a disabled child in fact. The claim brought by the parents to sue the medical institution for the doctor’s medical malpractice is called wrongful birth action.There are three main controversial focuses of the civil compensation of wrongful birth problem, which is discussed all over the world both in theoretical area and in practical area. This paper will have a discussion about these problems based on the case of Hongyu Pan, throughout the comparative analysis、dialectical analysis and so on. First, the basis of claim in civil compensation of wrongful birth, parents could bring the lawsuits based on breach of the medical service contract or negligence of the doctor; Second, the main body of the request for the civil compensation of wrongful birth, as mother, father could also request for compensation based on breach of contract or tort liability, the new-born child isn’t the suitable subject; third, the extent of compensation of wrongful birth, general damages of the new-born child couldn’t be supported, and the compensation for moral damages should be admitted.We hope to establish the system of the civil compensation of wrongful birth in China, according to our efforts.