Ethical And Legal Explorations Of Wrongful Birth Lawsuit

wrongful birth lawsuit originating from the concept of tort law in the United States,the so-called wrongful birth lawsuit,refers to the mother during pregnancy to the hospital for prenatal examination,but because of hospital errors and found no pregnancy with congenital disability,or although found,But not to the husband and wife to inform or inform the inaccurate,resulting in the final birth of women with birth defects with children.Parents are therefore prosecuting medical institutions,requiring hospitals to take legal responsibility for their own negligence.wrongful birth damage first appeared in the United States,and then began to appear in the world.Although the historical and cultural background of different countries,wrongful birth litigation from the beginning of the dispute has never stopped,mainly in the bioethics and legal aspects.In China,wrongful birth lawsuit in the law there is no clear provisions.In practice,the treatment of wrongful birth litigation is relatively confusing,and if the problem is not resolved for a long time,it will also affect the degree of citizens' reliance on legal authority.This paper is divided into six parts,The first part is the research background,this paper puts forward the research topic,introduces the background of the topic and the significance of the research.The second part is the research method,this paper uses the literature review,comparative law,case analysis method to studyThe third part is a basic overview of the problem of wongful birth.This article first defines the meaning of wongful birth,clarifies its relationship with improper life,improper pregnancy,lay the foundation for the following discussion.Secondly,this article elaborates the reason of the wongful birth litigation from three aspects:the progress of technology,the change of human's value and the change of the times.And finally through the display of wongful birth of the history of the birth of improper claims in the existence of ethical and legal issues.The fourth part analyzes and proves the ethical problems in the wongful birth litigation.This article first lists the main ethical reasons for opposing improper suicides.In the view of opponents,support for wongful birth litigation can result in discrimination against persons with disabilities and violations of human life.For these questions,this article has done an ethical argument and response.The fifth part analyzes the legal problems existing in the wongful birth litigation.First of all,this article concludes and summarizes the judgment of the domestic improperly litigation cases according to the affirmative and the negative,and clarifies the general situation in the judicial practice deal with.Second,through the comparative law to investigate the wongful birth of litigation.This article mainly selected the United States,France and Germany,the three countries,respectively,on behalf of Anglo-American law and civil law.Examines the differences in the development history and judicial theory and practice of wongful birth litigation in various countries.On the basis of examining the domestic and foreign judicial theory and practice,it raises the legal problems that are controversial in the improper suicides,including the difference of the legal liability,the disagreement of the litigants,the difference in the processing results,and the laying of the analysis for the following analysis basis.Finally,according to the problems raised in the previous article,the corresponding suggestions are put forward,starting from the aspects of the determination of the subject,the establishment of the claim,the determination of the doctor's fault judgment criteria and the determination and limitation of the compensation scope.Litigation issues to provide relevant ethical and legal spects of thinking.The sixth part is the proposal to solve the problem of improper birth litigation.Firstly,it clarifies the judgment standard of the doctor's fault,and determines whether the doctor is faulty from the medical level,the relevant stipulation of the laws and regulations and the fulfillment of the obligation.On the basis of a clear doctor's exemption,in some cases,although the consequences of improper birth,but are no fault medical malpractice,do not pursue the hospital's liability.Finally,the relief measures for such a situation,through the ethical relevant argument,recognize the adoption of social remedies to make up for such a situation.