Research On Compensation Responsibility Of Wrongful Birth

Wrongful birth is a case result from the doctors’ ante-natal diagnosis faults.Thedoctor missed the child’s potential birth defects or although they found the situation butdidn’t call it to the parents in good time. The doctor told the parents wrong information.Based on the trust of the medical institutions, parents think that the fetus has no defectsbut not abortion, make a congenital defect child was born. This article is about themedical compensation responsibility of the wrongful birth. The congenital flaw babieswho bring to family the painful and economical burden because of the wrongful birth,which carries on the legal relief discussion. This article has the opinion that the courtshould support this kind of lawsuit During the action of this kind of case the influence ofthe newborn to the family should be fully considered. The court should be strictly fromthe legal analysis of the establishment of the responsibility or not, should not think toomuch about the law of outside factors, to give the parties reasonable relief.The introduction part, citing a case, on the one hand, make readers have perceptualknowledge to the wrongful birth, on the other hand, through the analysis, introducing thewriting purpose and meaning of this paper.The main text is composed by four parts.In the first part, I study the general theory of the “Wrongful birth”, and give a briefoverview of the origins and concept of the “Wrongful birth”, and on this basis I made asimple analysis and definition, between the concept of the “Wrongful birth” and otherrelated concept.In the second part, I clarify the legal nature of the right to request for damages forthe “Wrongful birth”. I think in the “Wrongful birth” case, the parents can be based onbreach of contract and tort two different claims filed suit for damage, constitute thecompetition. As it has the differences in the right of claim subject and damagecompensation range, I think it is more favorable for the plaintiff to has a tort action.In the third part, I study the constitutive requirement of the tort responsibility of the“Wrongful birth”. I think it is consisted of the diagnosis of medical institutions or medical personnel, fault, damage results and causal relationship. Due to the medicalinstitution violates the attention obligation of prenatal care and antenatal diagnosis, andinform description and terminate pregnancy medical opinion, which made the parentslose the chance of termination of pregnancy. It brings family the painful and economicalburden, which has causal relationship. The plaintiff’s appeal shall get the support of thecourt. Of course, the medical institution also has corresponding exceptions reason in the“Wrongful birth”.In the fourth part, I put forward the legislative proposals of liability for damages of“Wrongful birth”. I think the claims subject of the “wrongful birth” case is not only themother of the disable son, but the father. If the father put up a tort action himself, hisProperty loss and mental damage should be relived in the same way. About the scope ofdamage compensation, this paper argues that it should include property damagecompensation and spiritual damage compensation. The scope of property damagecompensation includes the continue to pregnancy in property damage, for the treatmentof disability and pay for medical care, nursing, crippled child with disabilities thedeformity appliance fee, special education cost. General support should not get relieved,but compared with healthy children more than out that part of the cost of maintenanceshould be paid for.