Research On The Liability Of Wrongful Birth

With the improvement of people's concept of scientific childbearing,eugenics and eugenics,prenatal examination has become a commonly adopted technical service in women's childbearing,which can avoid the birth of a fetus with congenital defects.However,with the wide application of prenatal examination services,with the increase of the number of service population,there are sometimes negligence behaviors of medical institutions,including inaccurate physical development of the fetus or failure to inform the couple of the true development of the fetus.Once the above-mentioned malpractice of medical institutions occurs,parents make a decision to continue pregnancy based on the professional trust of medical institutions and the fetal development information provided by medical institutions,resulting in the birth of defective children.Because of the property and mental damage caused by the birth of the defective child,parents request medical institutions to compensate for the damage through litigation,which is called the wrongful birth litigation.For the wrongful birth lawsuit,it first happened in the judicial judgment of the United States,and then in the trial practice of other countries.Different countries have different attitudes towards such cases and different results in handling them.At present,in the judicial practice of the case of compensation for wrongful birth damage in China,there is a growing trend from the judgment document network,while for the specific cases,there are different judgment standards and different judgments for the same case.It is not conducive to maintaining the authority of the law,nor to protecting the legitimate rights and interests of the victims.Aiming at the damage compensation of wrongful birth,this paper enumerates the representative cases in the judicial judgment,introduces the legal provisions and judicial practice of other countries,and studies the focus of such cases in combination with the relevant legal provisions of our country,and analyzes and obtains the viewpoint of this paper,in order to protect the legitimate rights and interests of the victims.This paper is divided into four parts.At first,it introduces the overview of the compensation for the damage caused by the wrongful birth.On the one hand,it expounds the concept of the wrongful birth,On the other hand,it analyzes the related concepts of the wrongful birth.After that,the second part makes a specific study of the judicial of our country.By listing representative cases and comparing and analyzing the differences in each case,it finds that the disputes mainly lie in the plaintiff's qualification,the scope of damages and constitution.Due to the late start of the research on the compensation for miscarriage of bieth in China,the third part mainly introduces the legal provisions of other countries for miscarriage of birth compensation cases and the application of law in judicial practice,focusing on the early syudy of such cases in the United States,Germany and other countries,and analyzes their pros and cons.Finally,in the fourth part of the paper,it puts forward suggestions to improve the liability of compensation for the damage caused by wrong bieth in China.In view of the current disputes,it puts forward to determine the liability of conpensation for the damage caused by wrong birth,the exemption of medical institutions,the subiect of claim for compensation for damage and the scope of compensation for damage.