| wrongful birth mainly refers to the fact that the medical institutions and their staff have potential birth defects such as congenital diseases or genetic diseases in the prenatal diagnosis and treatment of pregnant women,which is not detected due to negligence or irregular diagnosis and treatment behavior,or detected but failed to give reasonable notice to the parents of the fetus,resulting in the loss of the choice of termination of pregnancy for the parents of the fetus This can lead to the birth of babies with congenital diseases and disabilities.The lawsuit brought by the parents of disabled infants against the above facts of damage is the lawsuit of wrong birth,which first appeared in the United States in the 1960 s.With the development of prenatal diagnosis and treatment technology,more and more congenital and genetic diseases can be identified in the process of prenatal examination.The wrong birth lawsuit has gradually appeared in various countries and regions.In 2015,the Fifth Plenary Session of the 18 th Central Committee of the Communist Party of China decided to fully implement the policy of one couple with two children.In recent years,China’s birth population has increased significantly.With the increase of the birth rate in our country,the civil litigation caused by wrong birth has increased correspondingly.Because there is no clear and specific legal norms to be applied in the legislative level in our country,and the court has not unified the judgment of such cases,leading to different standards of judgment in different places,and often different judgments in the same case.In the field of law,there are always disputes about the wrong birth,among which the disputes mainly focus on the basis of the right of claim,the subject of the right of claim and the scope of compensation of the relevant responsible person.Based on the analysis of typical cases in China,this paper aims to determine the current situation of the judgment of the lawsuit of wrong birth in China,and then analyze the main judicial opinions on the lawsuit of wrong birth in the field of judicial practice.At the same time,it analyzes and summarizes the basis of the right of claim in the case of wrong birth.Finally,the determination of compensation for the damage caused by the wrong birth under the way of legal relief.This paper is divided into four parts:The first part is about the current situation of the judgment of the wrong birth lawsuit.By quoting the relevant typical cases,it analyzes several main judgment opinions of the wrong birth lawsuit in our country;The first part is about the current situation of the judgment of the wrong birth lawsuit.By quoting the relevant typical cases,it analyzes several main judgment opinions about the wrong birth lawsuit in our country.The second part is about the analysis of the relief path of the tort liability of the wrong birth damage compensation,and the establishment and composition of the tort liability of the wrong birth in the context of the tort liability.The third part is about the wrong birth On the premise of medical contract,the remedy path of liability for breach of contract of damage compensation analyzes the behavior of performance diagnosis and treatment of prenatal testing,and discusses the establishment and composition of liability for breach of contract of wrong birth;the fourth part is compensation for damage of wrong birth,and judges the subject of right and scope of compensation for damage,so as to clarify the boundary of liability. |
