Wrongful Birth Damages Relief Research

The case of “wrongful birth” involves many problems in the fields of sociology,ethics and law.In the case of wrongful birth,there are no clear legal provisions in China,and there are different judgments in the practice of trial.However,in recent years,there are more and more medical disputes caused by wrongful birth.These cases aggravate the contradiction between doctors and patients,so what is the harm caused by wrongful birth and how to relieve it have become urgent problems to be solved.In view of the above problems,this paper studies the relief of wrongful birth damage,and seeks for the theoretical support and judgment standards for compensation of wrongful birth damage,so as to better safeguard the rights and interests of defective children and their parents.The main part of this paper is divided into four chapters.The first chapter introduces the status quo of the research problem,including two parts.The first part is to expound the legislative status of the problem of wrong birth and the discussions on it in the academic circle.The second part is to sort out the current situation of domestic court judgment,to understand the current court's judgment attitude towards wrongful birth litigation,and on this basis to analyze the crux of the failure to reach a consensus on the damage relief of wrongful birth cases.In other words,the first chapter summarizes the background of the thesis,and sorts out the important differences on the issue of wrong birth,so as to clarify them in the following chapters.The second chapter is to discuss the subject of right for wrongful birth damage,namely "who can claim" and "to whom to claim".Since the case of wrongful birth involves two parties,the defective child and its parents,this chapter mainly focuses on the rights and obligations of these parties.Both the parents of the defective child may claim damages for infringement,but if breach of contract is the cause of action,the father is not qualified as the subject.Because the damage of the infant comes from its own defects and has nothing to do with the diagnosis and treatment,it cannot become the main body of the claim for damages.The third chapter is the key part of this paper.After clarifying the problem of“who has the right to claim damages from whom”,it was a logical turn to start working out how to compensate.This chapter consists of two parts.Section one expounds the establishment of tort liability and liability for breach of contract respectively.Scholars have different opinions on the object of infringement,and this paper believes that the right to know should be infringed.The medical institution has established the medical service contract relationship with the patient.If it wants to become the liability for breach of contract,it should be recognized that the medical institution has breach of contract.The second section compares the advantages of the lawsuit for breach of contract and the lawsuit for infringement,and suggests to choose the lawsuit for infringement to better protect the interests of the victim.Chapter four,as the last part of the discussion on the relief of damages,defines the compensation scope of wrongful birth lawsuit.Content is divided into two aspects of property damage compensation and the non-property damage compensation,support for the first quarter showed more controversial defects,mother's medical services fee in the stage of pregnancy and childbirth,and the cost of maintenance.In the second quarter,this paper expresses the rationality of compensation for spiritual damages and which cannot apply to profit and loss balance rules.