Study On "Wrongful Birth" Lawsuit

“Wrongful birth” litigation is not only a legal issue, but also involves the national policy, family ethics, social responsibility, and many other issues.“Wrongful birth” litigation is not uncommon in the trial practice of our country, but the results of "Wrongful birth” cases is different, influence the establishment of the legal authority and the court's credibility.This paper analyzes the problems in the judicial practice in the case of "Wrongful birth" through the typical cases in practice.In order to provide some ideas to deal with the fairness of this kind of litigation, in order to solve the contradiction between the parents and the medical institutions, to guarantee the legitimate rights and interests of both doctors and patients.In addition to the introduction and conclusion, the main body of this paper is divided into four parts, about 2.8 thousand words.The first part is the basic situation of the case. The causes of the dispute and the trial of the first instance and the second instance are introduced.The focus of controversy is whether Chen Mouyi is a suitable plaintiff,whether there is a fault in the medical institution,and causal relationship between the damage and the consequences,whether the determination of damages is reasonable.The second part is the legal analysis of the related problems.This part combines the case in judicial practice of chaos,argument the problem of “Wrongful birth” case,through the subject qualification, the proof of causality and the factors that should be considered when determining the compensation for damage,and so on.The third part is the analysis and conclusion of this case.On the basis of the second part of the legal analysis, analyse the case for the first part summarized the focus of controversy that on the qualification of the parties to court finds appropriate support damages the request should be recognized, but the decision also has issues of discomfort lattice Party's disposal in inappropriate ways, compensation program identified improper.The fourth part is the Enlightenment of the case study.Through the case study of this paper,support the compensation for “wrongful birth” should be based on the specific circumstances of the case, however, the scope of compensation should be properly limited.Should not rely too much on the identification of opinion when the causal relationship is identified, and admissibility of expert opinion should be standardized.From the perspective of government responsibility and social responsibility of that birth defect consequences should not be borne by a family, the government and the society should lend a helping hand, in order to reduce the "Wrongful birth" dispute, for disabled children to provide better social security.