On The Tort Compensation Of Wrongful Birth

With the continuous development of medical technology and the improvement of prenatal diagnosis,parents can choose the best way and means to help them with the help of prenatal examination.The case of a child born with a disability has also been reported due to an incorrect prenatal diagnosis.In our country,is a new type of prenatal examination of the medical industry,China's relevant laws and regulations are not perfect,I Ancient Chinese Literature Search circles and judicial organs have not formed a unified understanding of the wrongful birth,this ruling is related to be quite different scholars,pay attention to the problem.In order to solve the problem of wrongful birth,we must first understand what the damage is caused by the doctor's fault.At present,many people deny wrongful birth,because they think the doctor medical behavior caused no damage facts,physical defects of disabled children is not caused by the physician,is congenital,but also to the fetus was born as the fact of damage but also contrary to human relations.The author thinks that the fault diagnosis physicians' damage caused by facts should be disabled parents informed consent right is infringed,the parents of disabled children is a high level of confidence in physicians based on which leads to the disabled child birth,and produced a series of losses.The rights and interests of citizens are the object of protection of the tort liability law in China,and the right of informed consent should be protected as a citizen's right.Secondly,as a disabled child itself whether compensation should be subject of right for damages,the author also have their own views,if the parents of disabled children not to mention the wrongful birth action,so the law should stand in the perspective of compensation justice give disabled civil subject status,because the future needs of disabled children to obtain compensation through security.Support disabled children as the main body of the lawsuit is to ignore the value of life is untenable,so that children with disabilities in the future have a better life security is the most important.About the scope of compensation and the amount of compensation for mental damage compensation is the tort liability law in our country are recognized,and the parents of disabled children really suffered great mental pain,so I think the mental damage compensation of disabled children parents should get the support of the court.The amount of compensation,the author believes that the amount of compensation should not be too large,should be to raise the difference between the cost of raising a child with disabilities and child compensation.This can not only compensate for the loss of parents of children with disabilities,but will not be too much emphasis on the burden of medical institutions,but also for the judiciary to determine the amount of damages provided a reference standard.This article from the wrongful birth general theory,wrongful birth tort liability subject of compensation for the damage relationship between elements and related problems,on the basis of detailed determine the scope and amount of damages for wrongful birth look forward to the judicial practice of our country,wrongful birth cases help.