Font Size: a A A

On Damages Error Birth

Posted on:2014-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:H YangFull Text:PDF
GTID:2266330401485122Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since60s last century,with the progress of medical technology and the change of socialethics,Wrongful birth cases have occurred in different countries and regions. For decades, allcountries in the judicial practice’s attitude toward this type suit has experienced the transition fromnegation to affirmation. But there are still a lot of differences and disputes in those countries andregions that have affirmation attitude toward progress of medical technology and the change of socialethics With the progress of medical technology and the change of social ethics the cases. What is theClaim basis of Wrongful birth cases, what right of the parents of the inherent disabled children isinfringed, the causality of the hospital’s fault and the damages,the range and calculation method ofcompensation and compensation, and so all. There is no clear legislative provisions in our country andthe courts for such cases are different in judicial practice. Therefore, it has the important meaning tothis kind of case focal point question’s research.This article is mainly divided three parts: The first part as the outline of Wrongful birth lawsuitbreakthrough point, first of all analyzes the contact and different between the Wrongful Birth, theWrongful life and the Wrongful Pregnancy. secondly elaboration legislation and jurisprudence inrelevant national and regional. again, analyzes the two claim basis of such case and thus put forward itis more suitable for apply to tort damage compensation claims in our country.The second part analyzedground elements of liability fixation, constitutive requirements and relief of the Wrongful Birth tortliability. pointed out that the damage is to the disabled "born" rather than "disabled", using ProfessorZhang Xinbao put forward four steps of error test of causality was born tort liability of the causalrelationship can be established, adopt objective standard to judge medical institution’s subjective fault.In addition, due to the level of modern technology and the objective conditions, medical institutionscan also defend ground for relief. The third part discuss the subject of such cases and compensationissues. Based on the analysis on admit the necessity of cost of each part, put forward the compensationscope includes special support and spiritual damages.and that such cases shall not apply to the profitand loss balance principle in our country.
Keywords/Search Tags:Wrongful birth, basis of claim right, tort liability, constitutive requirements, compensationfor damage
PDF Full Text Request
Related items