医疗事故导致不正当死亡从而引发法律索赔的新闻我们于报章杂志中时有见闻,然而医疗事故导致不正当出生而引发的法律索赔则相对新鲜。而随着医学技术的发展,输精管结扎绝育手术失败导致婴儿出生从而引发的法律诉讼已经开始出现。此类案件涉及到的权益主体、客体都较为复杂,同时既涉及到人身权利,又涉及到财产权利,还需考虑道德及文化因素。在2010年美国俄勒冈州的Bassingerv.Oregon Healthcarei一案中,Bassinger夫妇向提供结扎绝育手术的医院提出索赔65万美元,涵盖了婴儿的抚养费用,再次引发了对该类案件的讨论。本文在此试结合该类案件的特殊性,用传统的损害赔偿原则对不当出生的损害赔偿进行分析。 News of medical malpractice that led to unjust death that caused legal claims We were well-known in newspapers and magazines, but legal claims resulting from medical malpractices that resulted in improper births were relatively new. With the development of medical technology, lawsuits triggered by the failure of vasectomy and sterilization leading to the birth of infants have begun to emerge. The subjects of the rights and interests involved in such cases are relatively complicated, involving both personal rights and property rights, as well as moral and cultural factors. In Bassinger v. Oregon Healthcarei, Oregon, USA, in 2010, Bassinger claimed a claim of $ 650,000 from a hospital that provided sterilization and ligation of a baby, covering infant support and re-sparking a discussion of such cases. This article attempts to combine the particularity of this kind of case to analyze the compensation for the improper birth with the traditional principle of damages.