Research On The Claims For Compensation For Damage Of Wrongful Bitrh

With the development of technology, the appropriate medical technology enablesus to understand human beings better. We can even be aware of the growth of a babywho hasn’t be born. Because of some doctors’ fault, parents give birth to disabledchildren that they don’t want. The compensation for damages caused by "WrongfulBirth" has been a general concern. So claims for compensation for damage ofwrongful birth deserve researching.Claims for compensation for damage of wrongful birth are the disabled child’sparents’ claim. In such cases, the doctors miss the child’s potential birth defects oralthough they find the situation but they don’t tell the parents in time. So the child isborn in disabled. This paper argues that claims for compensation for damage ofwrongful birth have to be admitted, because this has great significance. Through theobservation of the laws in other countries, this paper argues that the base of the claimsfor compensation for damage of wrongful birth can be either tort liability or liabilityfor breach of contract. Either base has its advantages and disadvantages. When thebase is liability for breach of contract, the subject of the claims for compensation fordamage of wrongful birth is the mother; when the base is tort liability, the subject isthe parents; the child can’t be the subject. The hospital should be responsible for thecase, not the doctors. The scope of the claims for compensation for damage ofwrongful birth includes the additional expense because of the disabled child, themental damage compensation. The basic support is not included. The benefits rule canbe used in wrongful birth case if the benefit and the damage are congener. If theparents insist to give birth to the child or the parents have fault or the medical levelhas limitation, the responsibility of medical institutions can be mitigated or remitted.This can limit the scope of the claims for compensation for damage of wrongful birth.Handling such problems correctly is of great significance to establish the harmoniousdoctor-patient relationship.