Research On The Wrongful Birth Medical Damage Compensation Claim

Wrong Birth cases involve not only legal issues,but also ethics,humanities and other issues,so it has always been a difficult problem to solve in practice.In wrong-birth cases,whether it is the determination of the subject of compensation,the application of the principle of liability or the determination of the scope of compensation,there is no clear stipulation in the law."Wrong Birth" is not clearly written in the law,so there are certain difficulties in judicial practice.This article starts with the identification of wrong birth,analyzes and compares wrong birth cases from the perspectives of breach of contract and tort,and carefully analyzes the legal relationship and legal issues in it.This thesis consists of four parts:The first part: An overview of the right to claim damages for wrongful birth.Starting from the introduction of the concept of wrong birth and the difference between it and similar types of cases,the issue of the right to claim damages for wrong birth is introduced.Integrating the regulations of representative countries in the two major legal systems and Chinese Taiwan on wrongful birth cases,clearly explain the concept of wrong birth and the concept of the right to claim damages for wrongful birth,leading to the related issues of the right of claim discussed below.The second part: Explains the relevant content of the right to claim damages for breach of contract damages of wrongful births,mainly from the breach of contract by medical institutions,prenatal diagnosis obligations,and the application of the subject of compensation and the principle of liability.Firstly,it is explained from the basis of the breach of contract by medical institutions-the breach of contract,and further leads to the content of the prenatal diagnosis obligation in the medical service contract,as well as the determination of the subject of the right to claim damages for breach of contract.Finally,it explains how the principle of liability for breach of contract should be applied,and the limitation of using breach of contract as the basis of the right to claim damages.All in all,it is to analyze the wrong birth under the liability for breach of contract from multiple angles,and analyze the key points and controversial issues one by one.The third part: Explains the relevant content of the right to claim damages for infringement of wrongful birth,mainly from the infringement and the rights and interests of the infringement,the subject of the compensation,the result of the damage,the causality and the exemption,and then the damage compensation is explained.Range and limitations.Mainly analyze the controversial issues,such as how to determine the subject of compensation and what is the difference from the liability for breach of contract,is the right to be infringed by infringement of eugenics? How to define the causal relationship? The most debatable issue is the determination of the scope of compensation for damages.The question of whether compensation for general damages,compensation for special damages,and compensation for mental damages can be included in the scope of compensation is the most controversial issue in academia and practice.The fourth part: proposes the legal adjustment suggestion of our country’s wrong Birth damage compensation right.Start by analyzing the status quo of our country’s legislation,synthesize the analysis of the problems in the full text,and put forward feasible legal adjustment suggestions.Strive to analyze the problem from multiple angles,put forward diversified and highly feasible legal adjustment suggestions,and provide directions for my country’s future legal improvement in terms of system structure and content setting.