The Research On The Right Of Claim For Wrongful Life Damage Compensation In China

Wrongful life is a concept in the American tort law.It refers to the fact that the doctor failed to detect the congenital defects of a fetus during the maternity examination leading to the birth of a defective child,and the child himself sues the medical institution for the damage he suffered.Through the empirical study of 71 cases related to wrongful life on the Fabao website of Peking University,we can find that the statistics in our country reflect the number of wrongful life claims brought by children wins and loses each accounts for half.In this paper,five sample cases are chosen to explain the reasons why Chinese courts deny or affirm the wrongful life from different perspectives,and to sort out the main controversial focus of such cases:whether the defective children have the qualification of litigant subject,whether there is damage fact in the tort law,whether there is causal relationship between negligence of duty by medical institutions and the damage of children,and how to delimit the scope of damage compensation.In the process of analyzing the disputed points,it points out that the reasons for denying the right of claim for wrongful life damage compensation are invalid,and China should recognize the right of claim for wrongful life damage compensation.In fact,compared with other countries,the support rate of our courts for wrongful life cases is not that low,but there are inadequate reasoning problems in the courts’ decision to support wrongful life cases,so it is necessary to improve the reasons for supporting such cases in our country.First,the judge should fully elaborate the rationality behind supporting wrongful life in the judgment.Secondly,judges should clarify how these children’s interests have been infringed by medical institutions in judicial documents.Thirdly,the judge should fully demonstrate the elements of the right of claim for wrongful life damage compensation.Finally,we should sort out the priority when the wrongful life and the wrongful birth are sued at the same time.