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The Study On The Civil Liability Of Wrongful Birth

Posted on:2014-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y N WeiFull Text:PDF
GTID:2266330422953581Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As time goes by,upon the progress of technology,it comes wrongfulbirth.The problem is whether mother of child who suffered from geneticallycaused abnormalities can bring a medical malpractice action against physicalwho had rendered prenatal care.If yes,what is the specific cause of action?This article focuses on civil liability arising from wrongful birth. On thebasis of defining the concept of wrongful birth,then analysis how it comeon.Meanwhile analysis the US.German.France and Taiwan’s advancedexperience on civil liability arising from wrongful birth.There are twoprobable cause of action.One is torts,and the other is the contract of prenatalcare.If physicians have to compensate monther’s loss,do the compensationsinclude all the property losses such as medicial expenses,cost of specialcare,cost of special education and general alimony?How to calculate thespecific compensation?Can the compensation include non-propertyloss?Finally put forward the proposal on how to reduce or avoid the happen ofwrongful birth.
Keywords/Search Tags:Wrongful birth, Prenatal care, Civil liability
PDF Full Text Request
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