The Defective Child Was Born Due To A Lapse In Prenatal Inspection Study Of Damages

Eugenic birth and eugenic education is one of the basic national policies of our country.The development of society makes it inevitable for pregnant women to have prenatal examination in medical institutions.But medical institutions or medical personnel in antenatal examination should be found and did not find the condition of the abnormal fetal fail to faithfully inform,or have found abnormal fetus and the mistake to inform,leading to fetal parents lost the chance to choose to terminate pregnancy,the inherent defects of the baby is born,the resulting disputes in judicial practice.In recent years,such cases show an increasing trend year by year,and the appeal rate of such cases is relatively high,which proves that there are relatively big differences in judicial practice.In order to determine the contents of medical institutions’ compensation for parents of defective children,the following problems should be solved: first,what rights of parents of defective children are violated by medical institutions;Second,the scope of compensation.After confirming the liability of medical institutions,the liability of medical institutions should be properly restricted.First of all,the negligence of medical institutions infringes upon the reproductive right of parents with defective children,which does not constitute pure loss of economic interests,nor is it an infringement on the informed consent right or personal right of parents with defective children.Secondly,when the infringed asks for damages,the parents of the defective child are all eligible plaintiffs,and the defective child cannot be eligible plaintiffs.If the pregnant woman has taken out insurance against malformation at the time of pregnancy,then the main body of the plaintiff can be extended to the insurance company,the insurance company can exercise the right of subrogation.The scope of compensation of the medical institution shall be from the medical institution to the birth of the defective child,including the cost of pregnancy,the birth of the defective child after the medical expenses,nursing expenses,disability compensation,maintenance fees,spiritual damage compensation.But the general alimony is not within the scope of compensation,the plaintiff can only ask the medical institution to compensate for the special alimony,the general alimony is based on the parents’ legal obligation to raise,should not be compensated.As for the compensation for mental damage,the judicial trial of each province in our country should be considered 50,000 yuan as the limit.When paying compensation,a medical institution shall adopt the method of regular compensation for the compensation items with variable factors.Finally,the exemption of medical institutions should be stipulated and the liability for compensation should be appropriately limited.If the parents of the defective child have informed consent,the medical institution should be exempted from liability;China should establish medical liability insurance system,when medical institutions can not compensate,to make up for the loss of parents of defective children,to create a good doctor-patient environment.