Discussion on the liability for damages of wrongful pregnancy litigation
In the comparative law,the lawsuit of wrong pregnancy has been basically recognized at present,but the scope of damages is still controversial.False pregnancy litigation is characterized by tort litigation or breach of contract litigation.The subjects of litigation are different,but the relief results are different.Although the negli-gence of the medical staff infringed the reproductive rights of the plaintiff and his wife,the joy brought by the birth of a new life as a spiritual benefit can reduce the mental damage caused by the infringement of their parents'repro-ductive rights.On the issue of child support for accidental birth,due to the consideration of parent-child relation-ship,dignity of life and parents'obligations,the principle of full compensation should be eased,so the child support is not compensable.In the lawsuit of wrong pregnancy,the medical institutions should pay compensation for the damage caused by the failure of the operation to violate the right to health of pregnant women.
Wrongful PregnancyThe value of lifeReproductive RightsCompensation for Damages
万方数据
维普
