Civil Liability for Wrongful Life and Wrongful Birth

Abstract

Despite the infinite possibilities of medicine people can't prevent counterproductive tragedy from happening The congenital defects of babies who born without parents’ expectation is an example Owning to the fact that even if pregnant women go through prenatal diagnosis the doctor’s misjudgments of medical examination information still results in prospective women being unable to consider artificial abortion in time and delivering babies with congenital genetic disease The medical disputes arising from the Wrongful Birth and the Wrongful life are different from the traditional medical disputes and belong to the modern emerging medical issues The examination errors resulted in the birth defects are not involved in the damage to the health benefits of the infants caused by Invasive Procedures Just based on the wrong test results told by the doctor leading to the prospective parents to misidentify the fetus and failure to carry out an abortion in time and then continue to conceive and give birth The parents filed for it and asked for the compensation for property and non-property In terms of research methods the relevant legal research methods such as literature exploration method practical knowledge research method and comparative research method are introduced and summarized in this paper by collecting legal journals domestic and foreign law textbooks academic papers and reference relevant to judicial practice judgments In the way of analysis and comparison the related problems arising from the Wrongful Birth and the Wrongful life are explored and sum up the current feasible solutions and put forward the viewpoints on the controversial issues This article hopes to seek solutions for issues of genetic technology in the context of love reason and law We will do our utmost to properly distribute the damages for congenital defects born outside the plan

Date of Award	2019
Original language	English
Supervisor	Ing-Ling Hou (Supervisor)