The Research On The Legal Problems Of The Compensation For Wrongful Birth

In this era of rapid development of science and technology,medical technology than there used to be make a great progress,but wrongful birth case happen unseldom.Since the first case occurred in America in 1967,such cases have also occurred in other countries.It includes the basis of claim right,subject of claim right,scope of compensation for foundation,et.Many problems became the subject of intense discussion in academic circle.In our country,the legislation does not stipulate the right so the court in judicial practice have different practices and different judgment.This also lead to the decrease of the judicial credibility,deepen the doctor-patient contradiction.Therefore,analysis the case is of great significance for society and legislation.Firstly,this article through comparative analysis the concept with wrongful pregnancy,wrongful life,medical malpractice,medical damage to find the particularity of this kind of case and the rationality of the compensation.And also learn some countries and regions in the world about the scope of compensation and compensation system.Secondly,the article analyzes the two kinds of basis of claim right and the reason why that choose tort compensation claim is more appropriate.After determine the right foundation will need to clear the problem of who has the right to claim for damages,which in view of the subject of discussion.The part emphatically discusses whether the crippled child has the right to sue and crippled child father's right size.Again,in cases of wrongful birth we may pay more attention to the scope of compensation,compensation scope limits as well as how to determine the amount of compensation.Based on the analysis to admit the necessity of cost of each part,think that the compensation scope includes special raising cost,special damage,disability compensation and spiritual damages,and creatively put forward the problem of time limit for compensation.Finally,this paper puts forward to some suggestions,mainly including improve the patients' right to know,trying to use regular gold way of compensation,building compulsory medical liability insurance system and the improvement of the system of appraisal,above all hope to help the construction of compensation system of our country.