Study On The Compensation Of Improper Birth Damage

In recent years,improper birth damage compensation cases continue to appear and cause widespread concern.Improper compensation for birth damage is a kind of special medical dispute.The defect of newborn is not caused by the diagnosis and treatment behavior of medical staff,but because the medical staff fails to find the abnormal situation of fetus in antenatal examination.Or,although it has been detected,the fetal parents have not been correctly informed of the results of the examination,resulting in the decision of the fetal parents to continue pregnancy,resulting in the birth of defective newborns.The wrong behavior of the medical staff violates the medical service contract with the parents of the defective child,infringes the right of informed choice of the parents of the defective child and the right to know the health of the fetus,and gives them the right to know.Bring property damage and moral damage.The claim for improper birth damages is based on the claim for tort damages and damages for breach of contract.Parents of defective children can choose to claim their own rights.If the claim for tort damages is taken as the basis of the claim,it should be defined from four aspects: the illegal act of the medical personnel,the damage fact,the causality between the illegal act and the damage fact,and the fault.If the liability for breach of contract is claimed,it should be defined from two aspects: whether there is a legal and valid medical service contract between the medical institution and the parents of the defective child and whether the medical personnel violate the contract agreement.In recent years,improper birth damage compensation cases continue to appear and cause widespread concern.Improper compensation for birth damage is a kind of special medical dispute.The defect of newborn is not caused by the diagnosis and treatment behavior of medical staff,but because the medical staff fails to find the abnormal situation of fetus in antenatal examination.Or,although it has been detected,the fetal parents have not been correctly informed of the results of the examination,resulting in the decision of the fetal parents to continue pregnancy,resulting in the birth of defective newborns.The wrong behavior of the medical staff violates the medical service contract with the parents of the defective child,infringes the right of informed choice of the parents of the defective child and the right to know the health of the fetus,and gives them the right to know.Bring property damage and moral damage.The claim for improper birth damages is based on the claim for tort damages and damages for breach of contract.Parents of defective children can choose to claim their own rights.If the claim for tort damages is taken as the basis of the claim,it should be defined from four aspects: the illegal act of the medical personnel,the damage fact,the causality between the illegal act and the damage fact,and the fault.If the liability forbreach of contract is claimed,it should be defined from two aspects: whether there is a legal and valid medical service contract between the medical institution and the parents of the defective child and whether the medical personnel violate the contract agreement.