Research On Damage Compensation For Defective Birth

Medical advancement has improved the health rate of children's birth.However,due to the faults in medical treatment and the limitation of medical standards,there is still a high incidence of defective births.The birth of defective children brings endless troubles and pains to children and families..Defective birth medical disputes are different from ordinary medical cases,and their involvement is sometimes beyond the scope of the law.In recent years,the number of cases of defects in birth damage compensation in China has been rising.However,China has not yet formed an effective mechanism for handling compensation for defects in birth defects.The judgment of the court has also made a very different judgment because of the lack of guidance from relevant laws.As a result,the imperfection of the legal system is not conducive to the protection of the legitimate interests of the deficient children and their families,and is not conducive to alleviating the contradiction between doctors and patients.Defining the relevant legal system for defective birth compensation and establishing a sound social relief mechanism are the basic ways to solve the problem of compensation for defective birth damage.This article analyzes some typical problems in the defect birth compensation system in China through the case that Wang Mouying sued the Fuxing Hospital for infringement of his legal rights and directly led to the birth of the defective fetus Dong Moumou,and put forward corresponding suggestions.This article is divided into three parts.The first part introduces the basic situation of the case in detail and draws the focus of the case.The second part analyzes the focus of the dispute in the trial of the case.The focus of the dispute mainly focuses on the law of birth defects.The liability and damage compensation system is launched;the third part is to think about the compensation system for defective birth damage through this case,and make recommendations from legislation and social assistance.The mainproblem of the system is that there is no clear compensation standard in the law,which brings difficulties to the judicial practice.The social level also lacks relevant relief for the defective fetus.The main legislative proposals are: clearly write the birth of defects in the law,clarify the standards for special maintenance and moral damage compensation,and clarify the exemption situation of the hospital and the payment method of flexible compensation.The main suggestions for social relief are: through the establishment of a medical insurance system,the establishment of social funds and legislative assistance and other sound social relief mechanisms,so that the defective fetuses of families with financial difficulties can be better taken care of.Although the system of damages for birth defects can compensate for the damage to defective fetuses and their families to a certain extent,the most fundamental thing is to protect the rights and interests of parents by improving medical standards and enhancing hospital responsibility.