| With the continuous advancement of modern medical technology,pregnant women will go to the hospital for pregnancy check-ups during pregnancy to ensure a healthy baby.Within the scope of the existing medical technology,if the medical institution fails to detect abnormalities in the fetus of the pregnant woman due to negligence or forgets to inform the parents,resulting in the pregnant child giving birth to a defective child,the victim has the right to raise errors Birth suit.In judicial practice,because the remedy for wrongful birth infringement is more conducive to protecting the plaintiff,most plaintiffs in our country choose to file a lawsuit of infringement to protect their rights.By searching,classifying and combing the effective judgments on wrongful birth infringement damage compensation cases in China in recent years,the analysis concludes that the infringed civil rights,the determination of fault and causality,the qualification of the claimant’s subject,the scope of damage compensation The issue is quite controversial and requires focus on analysis.In the case of wrongful birth tort damages compensation,the objects infringed by the medical institution are the right to know and the right to choose eugenics and eugenics.This civil right is not a special personality right but a general personality interest.Dignity is protected by regulations.When a medical institution is capable of performing its duty of care but fails to do so,the medical institution is at fault.When determining the cause and effect relationship,it is necessary to clarify the fact that the damage in this type of case refers to the birth of the defective baby,which caused the parents to suffer property damage and mental shock,rather than the child’s disability or defect.In the case of wrongful birth infringement damages,the parents of the defective child are qualified as plaintiffs in the lawsuit,but the defective child is not qualified as a plaintiff.When determining the scope of compensation for erroneous birth tort damages,the court should support special maintenance and mental damage relief,but should not support disability compensation;in order to determine the amount of damages for medical institutions in a fair and reasonable manner,it is necessary to consider whether profit and loss Negligence offset,if applicable,should be applied to profit and loss offset first,and then to negligence offset. |
