目次一、问题二、侵害法益之违法性三、损害结果四、过错及因果关系五、结论一、问题错误怀孕(wrongful pregnancy/conception)的损害赔偿,是指由于医院或药商之过错,导致本没有计划或根本不愿意怀孕的夫妇而怀孕;或由于医院之过错导致引产失败而使孩子降生。在此种情况下,父母因多怀孕和抚养一个孩子而向医院或药商提出损害赔偿之诉~([1])典型的情形有:医院提供之避孕措施(如绝育手术失败)~([2])、建议~([3])或药商之避孕药物~([4])未 Second, the problem of infringement of legal interests of the illegal Third, damage the results Fourth, the fault and causation V. Conclusions First, the wrong problem Pregnancy (wrongful pregnancy / conception) damages, refers to the hospital or drug dealer for the fault, leading to Pregnant couples who have no plan or are unwilling to conceive, or have their baby born due to failure of induction of labor due to hospital fault. Under such circumstances, parents complain of damages to hospitals or pharmacists for having more than one child who is pregnant and raising a child. [1] Typical cases include: Contraceptive measures provided by the hospital (eg sterilization failure) ~ ([ 2]), recommended ~ ([3]) or the drug’s contraceptive drug ~ ([4]) not