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Research on Damage Compensation Relating to Handicapped New-Borns

Author: LiangCuiYun
Tutor: GongSaiHong
School: Beijing University of Chemical Technology
Course: Civil and Commercial Law
Keywords: Defects in children born damages Wrongful Birth Improper life The basis of claims Public Policy
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 170
Quote: 1
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Abstract


The prenatal examination technology enables people to advance understanding of life, but the doctor's negligence led to the understanding of errors and birth defects in children are also many consequent litigation This paper summarizes an action for damages for defects in children born. Combination of our existing jurisprudence, the lawsuit plaintiff claims the court's decision vary, so it is necessary to study this problem, to the reference of such litigation. Defects in children born damages in wrongful birth (wrongful birth) parents for doctors failed to check out the defects of the fetus because the doctors at fault in the prenatal examination process, or did not do to cause birth defects in children born to the notification obligation litigation resulting in the loss of termination of pregnancy opportunities. Such litigation brought on behalf of the defects in children is called the of improper life or errors Life (wrongful life). This paper compares the wrongful birth, undue several concepts of life, improper conception distinction defects in children born damages in lawsuits and other medical litigation distinguish. In view of the defects in children born of significance in the development of foreign and comparative law action for damages, the article of the judiciary and the legislature of the United States, Britain, France, Germany, Japan and China's Taiwan region corresponding to the simple comparison. Difference between countries in the extent of Bioethics, specifically the legal system and social security, which led to the the different countries verdict. This paper analyzes the basis of the defects in children born to an action for damages claims. Wrongful birth parents have the right to improper life, defective children, not medical services liability, medical institutions and medical institutions did not properly fulfill its obligation to inform caused a violation of the parents' right to informed consent and bring an infringement action based on breach of contract requirements; The parties to the contract can not initiate the complaint for breach of contract, but may file an infringement complaint on the grounds that defects in children also enjoy the right to know of their own health status. Determine the basis of the claims, the article studies the scope of damages. Breach of contract lawsuit and tort v. biggest difference in the former can not ask for compensation for moral damage, others are more consistent. This paper argues that defects in children of special treatment, education and care costs, delivery costs, and general support payments and compensation for moral damage compensation range of the column, without compensation range when birth and wrongful life should not be different. Defects in children born damages involving moral life ethics and social and public policy issues, the United States Court initially refused to recognize this type of lawsuit is also based on considerations of public policy. The article on the ethical issues of abortion, defects in children of human dignity and defensive medicine that recognize defects in children born to damages for the plaintiff's claim is not the public policy aspects of the obstacle, and was in line with our policy needs.

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