论文部分内容阅读
“错误出生”是指在产前检查过程中,因医生的过失,未检测出胎儿的先天严重残疾,或者虽检测出胎儿患有先天残疾,却疏忽大意没有告知孕妇及其亲属,导致孕妇及其亲属误认为胎儿是健康的而选择生出了残疾的婴儿。残婴的出生不仅给婴儿父母带来了沉重的经济负担,而且也给他们的精神上带来了巨大的痛苦。理论和司法实践中普遍认为可以适用侵权责任来保护当事人的权益。那么问题在于,“错误出生”案件中,医生或医疗机构究竟侵犯了残疾儿父母的何种权益,是否受我国法律所保护?本文主要探讨“错误出生”侵权责任的权利客体。
“Wrong birth ” refers to the prenatal examination, due to the doctor’s negligence, did not detect the fetus congenital severe disability, or although the fetus was detected with congenital disability, but did not care to inform pregnant women and their relatives, resulting in Pregnant women and their relatives mistakenly believe that the fetus is healthy and has chosen to give birth to a disabled baby. The birth of a disabled baby not only poses a heavy financial burden to infant parents, but also gives them great spiritual distress. It is generally believed in theory and judicial practice that tort liability can be applied to protect the rights and interests of the parties concerned. So the question is whether the “rights to the parents with disabilities” were violated by the doctors or medical institutions in the “wrong births” case and whether they are protected by the laws of our country. This article mainly discusses the right objects of the “wrong births” tort liability.