“错误出生”的损害赔偿责任研究民法专业论文.docxVIP

1 1 Abstract Wrongful birth is a case result from the doctors’ ante-natal diagnosis faults .The doctor missed the child’s potential birth defects or although they found the situation but didn’t call it to the parents in good time. The doctor told the parents wrong information. Based on the trust of the medical institutions, parents think that the fetus has no defects but not abortion, make a congenital defect child was born. This article is about the medical compensation responsibility of the wrongful birth. The congenital flaw babies who bring to family the painful and economical burden because of the wrongful birth, which carries on the legal relief discussion. This article has the opinion that the court should support this kind of lawsuit During the action of this kind of case the influence of the newborn to the family should be fully considered. The court should be strictly from the legal analysis of the establishment of the responsibility or not, should not think too much about the law of outside factors, to give the parties reasonable relief. The introduction part, citing a case, on the one hand, make readers have perceptual knowledge to the wrongful birth , on the other hand, through the analysis, introducing the writing purpose and meaning of this paper. The main text is composed by four parts. In the first part, I study the general theory of the “Wrongful birth”, and give a brief overview of the origins and concept of the “Wrongful birth”, and on this basis I made a simple analysis and definition, between the concept of the “Wrongful birth” and other related concept. In the second part, I clarify the legal nature of the right to request for damages for the “Wrongful birth”. I think in the “Wrongful birth” case, the parents can be based on breach of contract and tort two different claims filed suit for damage, constitute the competition. As it has the differences in the right of claim subject and damage compensation range, I think it is more favorable for th