The Damage Compensation For Wrongful Birth Under Tort Law

"Wrongful birth" is a concept in Anglo-American law.It has been proposed for half a century.It refers to parents who originally wanted to give birth to healthy children,because of the prenatal care check errors(not suitable for pregnancy misdiagnosed as suitable pregnancy)or failed to induce labor,resulting in the birth of a child with a disability,Or during the prenatal examination,due to the fault of the medical staff,failed to detect congenital defects in the fetus,resulting in parents being unable to make their own judgments based on comprehensive and accurate information,causing the issue of damage compensation for children with disabilities.Similar concepts include "Wrongful life" and "Wrongful pregnancy".The lawsuit of improper birth was first seen in the United States,and it has occurred in various countries around the world.It has become a new type of judgment.Such judgments are disputed in legal judgments and academic circles.The resolution of such cases depends on the guidance of new laws and regulations.This article first comprehensively introduces the wrongful birth from the aspect of the tort liability law.The key whether improper births can get relief through tort law is whether they meet the tort law composition and whether they can be affirmed by the academic and practical circles.Wrongful birth as a new type of litigation isconducive to the implementation of the eugenics policy and improve the quality of prenatal medical services.Therefore,Therefore,there is no blame for compensation for damages that were Wrongful Birth inappropriately.In the scope of damages for improper birth,this article believes that the medical expenses,special education expenses,human care expenses,living expenses and spiritual damages claimed by the plaintiff should be confirmed.On the issue of the application of profit and loss offset,this article believes that the cost of maternity inspection,production costs and lost work can be deducted from the compensation for medical expenses.However,the social assistance paid for the birth of a disabled child and the fun of raising children shall not be deducted.In the calculation of costs,the special education cost adopts the principle of combining subjective and objective,based on the country's inherent provisions for the training of disabled people,and combined with the degree of disability of children with congenital defects,choose the appropriate education method and content.Full compensation for medical expenses,However,the compensation for pregnant woman's obstetrical examination costs and production costs must be reduced by the cost savings due to the failure to perform abortion surgery.In the calculation of manpower care cost,it is considered according to the child's disability,If the child is severely disabled and cannot take care of himself in this life,the cost is calculated as the the average life expectancy of citizens in the previous year minus the age of the dependents,and then multiplied by the average salary of citizens in the previous year,If the child is mildly disabled,he can take care of himself in the future,and the cost calculation period is 18 years.In theliving cost,the calculation method is the same as the calculation of manpower care cost.But the calculation base is multiplied by the per capita consumption and living standard of the town in the previous year.