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错误生命之诉是因医生的产前诊断过失导致先天残疾孩子出生而由该残疾孩子对医院提起的索赔诉讼,孩子主张的实质是其根本不该出生。错误生命之诉的正当性存疑,为尊重生命存在的价值,我国对其应持否定态度。错误生命的法律救济应依靠社会保障制度来实现。
The lawsuit of wrong life is the lawsuit filed by the disabled child against the hospital for the birth of a child with a disability due to a prenatal diagnosis of the doctor’s fault. The essence of a child’s claim is that it should not be born at all. The legitimacy of the wrong life complaint is questionable. To respect the value of the existence of life, our country should hold a negative attitude toward it. The legal remedy of wrong life should be realized by the social security system.