Research On The Damage Compensation Claims Of Wrongful Birth

In the process of providing prenatal care services,Medical institutions and medical personnel fail to diagnose the fetus with genetic disease or the birth defects,and when they suspect the fetus have abnormal,they fail to fulfill the obligations of reasonable inform and the suggestion of termination of pregnancy,these cause parents lost the right to choose whether or not to give a birth to the child with genetic disease or the birth defects, this is the wrongful birth. After the congenital defects was born,parents will suffer the property and the non-property damages.Because they should spend money on treating the diseases of congenital defects and raising children growing up.The parents will request the medical institution to take responsibility of the damage compensation. This litigation is called the damage compensation of wrongful birth. The article is based on the current laws and regulations of our country,the academic research results as well as the specific cases in judicial practice.The article analyzes the present situation and deficiency, and then from the foundation,the subject and the scope of the claim right of the damage compensation of wrongful birth to expand the article.First of all, the paper clarifies the claim right basis of the damage compensation of wrongful birth which includes the liability for breach of contract and tort liability.These two liability occur competition and the parties can choose one to sue.The paper combines specific cases with the theory of law and analyzes the constitutive requirements of tort liability.The paper demonstrate that medical institution and medical personnel violate the eugenics option of the parents.The eugenics option is a personality interest protected by tort liability law.Secondly,the paper definite that the subject of the right of claim just contains the parents of the congenital defects and doesn’t contain the congenital defects themselves.Finally,the article summarizes the scope of damage compensation.The paper discusses the general maintenance of children should not be compensated, and the special maintenance of children related to disability and spiritual damages should be compensated.The disability compensation is a new problem which is put forward by analyzing the judicial cases.On account of the nature of the disability compensation and limiting the responsibility of the medical institution properly,the disability compensation shouldn’t be compensated.