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The Civil Liability Litigation For Prenatal Diagnosis Negligence

Posted on:2017-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:C Z TianFull Text:PDF
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With the rapid development of medical technology, countries from inland and abroad get increasing cases on how to compensate on the flaws of newborn children. The reason might be prenatal diagnosis without fault diagnose fetal birth defects or not informing children parents their potential flaws, which later leads to the disability of them. This paper is based on the case of LiYun Xia. It comes out the solution that these kinds of cases satisfy the rules to ask for compensation. The two responsibilities contracted with each other and results in that one should be more profitable to the victims. The responsibility of damage compensation must have the lead right to raise a request for a certain pay back. The paper also talks about who should be the leading head in this conflict between. At the end, the scope of the compensation responsibilities is also concluded.The paper is composed of six parts:Part I: Introduction to Related BackgroundPart II: Based on the fact of LiYun Xia's Case, the outcomes of the court of trials and laws, differences becomes clear during the analysis of the contents of medical accidents and afterwards fault diagnoses. The focused point in this case mainly falls on the following parts: Lawsuit should be raised on the reason of either offending the laws or disagree with the responsibility; Disabled child himself whether or not has the qualification of raising a lawsuit; The scope of compensation should be judged on what.Part III: During the analysis of prenatal diagnosis negligence, the claimant may tort liability and breach of contract as a basis for claims. In tort liability, the applicable principle of presumption of fault liability, tort liability and an integral comes into three parts: the fact of damage, causation and fault. Where applicable breach, pregnant women, the existence of a contractual relationship and the hospital side are also in default. For families of children with disabilities of damage in terms of ratio of tort liability have the reason to claim for breach of contract as a basis for having a wider range of damages and claim of superiority of a broader subject.Part IV: During the analysis of the liability for breach of the right to request time basis, according to the contract relativity principle, only disabled child's mother has the right to request the qualification. In terms of tort liability claiming as a basis, the father has the same right that the mother has, reproductive rights and are entitled to the right to information, protected by law, the father and mother have the right to request the qualification. The doctor's behavior, which does not infringe the rights of the baby, and there is no causal relationship between the infant's congenital disability and behavior of doctors. So the baby does not have the right to request the qualification.Part VI: Thinking and recommendations come out during the discussion of the scope of compensation. Hospitals party's required compensation is due to negligence of prenatal diagnosis flawed and then the special support payments to the arising baby, which also includes medical rehabilitation expenses, special education expenses and human care costs, while also requires payments to the parents of disabled infants spirit penalty for damages. But for some reasons that infants with disabilities and parents fault of their own medical standards, this has a huge impact on the result of damage, so it is necessary to give limitation to compensation of damages.Part VII: Conclusion. Through text analysis of the case, this article summarizes the main points, and avoid the recurrence of such cases. The proposed health administrative departments at all levels should strengthen the maternal and child health services technology assessment, health regulatory authorities to maternal and child health services for special checks and proposed measures.
Keywords/Search Tags:Prenatal diagnosis, Medical negligence, Basis of claim right presumption of fault, Compensation limited
PDF Full Text Request
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