A Study On The Compensation For Damage Caused By "Wrongful Birth"

The "wrongful birth" lawsuit originated from some developed countries abroad,which mainly refers to the pregnant woman's failure to inform the pregnant woman of her foetus' defects based on the doctor's negligence when she is being examined in hospital,such an act results in the parents giving birth to a deformed fetus,thereby depriving them of the right to choose an early abortion,and the parents then file a lawsuit against the hospital or medical staff concerned,a lawsuit called "wrongful birth".Since such a suit and the common wrongful life are often confused,the court will need to take into account a number of factors in the face of such a situation,such as laws and regulations,the impact on society,the responsibility of the hospital and so on to further divide.At present,there are several arguments about wrongful birth,the first one is the scope of relevant compensation,the second one is the basis of claim,and the third one is the subject of claim.Through the Comparative Method and relevant Empirical Analysis,this paper has carried out a specific study of these debates.In some developed countries,the parents of the defective infant are considered as the subject of the right of claim.At present,the court has no precedent to start the proceedings with the defective infant as the subject.The laws and regulations of developed countries and those of our country will come to different conclusions when dealing with such disputes,for example,under German current law,the way of dealing with this dispute is usually to divide it into liability for breach of contract,this is due to the fact that Germany pays more attention to the spirit of contract and its unique social ideology;however,the United States has a different approach to this issue,which mainly includes such disputes in the field of tort liability.These two different ways of treatment directly lead to the difference in the scope of compensation and the amount of compensation.For example,some reasonable losses,such as the loss of increased expenditure on medical care andeducation,are within the scope of compensation in both treatment methods,except that there are differences in the burden of proof.However,for compensation for moral damage,would have a very different outcome.