Research On Tort Liability For Compensation Of Medical Institutions In Cases Of Wrongful Birth

In judicial practice,the damage of wrongful birth is usually relieved by tort paths.However,how to identify the medical negligence,the result of damage,the object of tort and scope of damages in the tort path is also a problem.To solve the above problems,we can take the case as a sample,use the basic analysis method of claim rights and combine relevant data and theory to solve them.In cases of wrongful birth,whether the medical institutions exist medical negligence or not,which need to be judged by obligation of informing,obligation of suggesting,obligation of corresponding to the medical level at that time and the presumption of negligence in three situations.The medical negligence of medical institutions violate the personal interests whose cores is freedom of will.The loss of personal interests causes extra expenses that due to medical negligence.Whether the extra interests and the medical negligence of medical institutions exist relationship or not,which need to be judged by disease that medical institutions can't diagnosed.In cases of wrongful birth,medical institutions need to assume economic liability for compensation and personal injury liability for compensation.The former applies to Article 20 of the Tort Liability Law,which divides the scope of compensation into three parts according to the boundaries of medical negligence and childbirth;The latter applies to Article 22 of the Tort Liability Law,the amount is given by the judge.Under the current judicial situation that the damage of wrongful birth is usually relieved by tort paths,we should pay attention to the value of contract paths,which can solve the difficult problems in tort paths.