Research On The Standard Determination Of Claim For Compensation For Wrongful Birth

Wrongful birth refers to the objective fact that the parents make the wrong choice to give birth to the baby due to the fault of the pregnant woman’s failure to perform the duty of attention and notification in the medical institution during the labor examination.As a result,there are more and more claims for compensation from medical institutions.In the theoretical and practical circles there are differences in identification.Based on three typical cases of wrongful birth in China,this paper summarizes the focus problems by integrating the cases of wrongful birth in ten years.After that,the basic analysis method of right of claim was introduced into the case of improper birth,and the verification problem was found and the root cause was explored.At the same time,it investigates the determination of the right to claim for wrongful birth compensation outside the region,so as to provide reference for the construction of the standard determination method of the right to claim for wrongful birth compensation,so as to help resolve the differences among judges.Specifically,this paper is divided into five parts:The first part is typical case import.By importing three sets of typical cases of wrongful birth and integrating 111 cases of wrongful birth in ten years,the main body of claim right,the type of claim right and the content of claim right embodied in the standard determination of claim right for wrongful birth compensation are summarized as the focus problem.The second part is about the basic analysis of claim right.This method is expounded one by one.First,it aims to clarify the result of the judgment of the right of claim in a certain case.The second is to illustrate the problems that can be introduced into the first part of the method.The third part is the basic analysis of the claim for compensation for wrongful birth.Based on the first part of the problem,introduce the basis for analysis of wrongful born case,first clear specification for compensation for wrongful birth ought to be acknowledged by the verdict,again through the court ruled to reality results through comparison,Finally,through the differences reflected between the results to find the verification,explore the focus of the first part of the problem and the root,and summarize.The fourth part is the overseas investigation of the standard determination of the right of compensation for wrongful birth.From the perspective of the trial rules,this paper investigates the situation of the court’s determination of the right to claim compensation in the two main legal systems outside the region and draws some inspirations,so as to provide reference for the domestic court.The fifth part is the construction of the standard identification of the claim for compensation for wrongful birth.The first is to introduce the principle of determining the cause of action and perfect the rules of informing and interpreting obligations to standardize the type identification.The second is to establish the theory of relative loss of subject and reflection loss to standardize the identification of subject.The third is to establish partial and complete causal compensation system to standardize the content identification.