| Based on the increasingly occurred legal cases on ‘wrongful birth’,it has triggered a reflection on the problems and suggestions for improvement about the establishment and commitment of medical tort liability.By clarifying the pertinent connotation,liability principle and components about the medical tort liability and analyzing the causes of medical tort liability on ‘wrongful birth’,so that further reveal the problems existing in the establishment and commitment of medical tort liability on ‘wrongful birth’.When it comes to the flaws of the establishment of medical tort liability,the typical problems are that judges don’t judge the severity of the defect,misunderstand the connotation of causation and equate the factual causation with the legal causation.When it comes to the problems of the commitment of medical tort liability,the main defects are that putting more emphasis on objective criteria than subjective criteria in sharing the fault liability,the range of damage is limited too narrowly,the claims for disability compensation raised by the party is not supported and generally neglecting to examine the exemptions proposed by the medical sides.Based on the problems of the establishment and commitment of medical tort liability,putting forward the corresponding perfection suggestions.In improving the flaws of the establishment of medical tort liability,judges should distinguish the severity of defects,accurately understand the connotation of causation and treat the factual causation and legal causation correctly.When improving the defects of the commitment of medical tort liability,raising the following feasible suggestions that paying more attention to the subjective criteria on sharing the fault liability,expanding the extension of damage,approving of the claims for disability compensation raised by the party and attaching great importance to incorporating the reasons for exemption advocated by the medical sides into the scope of examination and objectively identifying them. |
