Damages On Wrongful Birth In China

Wrongful birth refers to when pregnant women go to the hospital for prenatal care in order to have a healthy baby,but with the permition of modern medical conditions,the medical staff do not detect the possibility of the birth defects,or check out it but not inform the parents,resulting in baby have some disabilities.Wrongful birth have a strong novelty,it is different from the general medical tort liability.Because the baby's defect is a kind of congenital disease,not caused by the medical staff.Wrongful birth first appeared in the United States.With the publication of the concerning laws and regulations and the improvement of preferential treatment of eugenics and childbearing policies,the number of wrongful birth show a sharp upward trend in recent years,but there is no law to regulate it.There are serious differences in the choice of the right of the claim,the determination of the tort liability,the scope of compensation and so on in the judicial practice.Wrongful birth is encountering legal blank now.Therefore,study and research the topic of wrongful birth is very meaningful.This article is divided into four chapters to explore the topic.The first chapter first defines the concept of wrongful birth,and compared with wrongful life,wrongful pregnancy and general medical tort liability.Then research the cases about wrongful birth in Chinese judicial practice.Finally,study the development,processing methods of United States,France and Germany in dealing with wrongful birth.The second chapter discusses the covenant of contractual liability and tort liability.By comparing the differences in China,find the tort liability law is more suitable to protects wrongful birth.The third chapter examines the constituent elements of the claim for damages by means of harm act,damage,causality and negligence.The fourth chapter discusses the scope of damages.Property damage compensation include four major parts,cost of pregnancy,special support cost,general support cost,and funeral expenses.And the legitimacy of non-material damage compensation in-depth discussion.At last summarizes the views of the whole article.The topic of wrong birth have not been discussed in-depth in academia,and many of the key issues are not formed a centralized conclusion.So study it is very necessary and meaningful.