“不当出生”的损害赔偿初探

Research of Damage Compensation for "Improper Birth"

近年来,随着社会文明的进步与发展,人们的维权意识不断增强,人们越来越重视对自身权益的保障和维护,因而由"不当出生"产生的医疗纠纷也不断增多,但我国现行法律对此却并没有明确的规范。文章通过对"不当出生"概念的界定,进一步明确"不当出生"的可诉性、"不当出生"案件的诉讼主体和"不当出生"损害赔偿请求权的性质,以期完善"不当出生"法律制度,规范医疗机构的执业行为,维护相关主体的合法权益,促进医疗卫生事业的健康发展。

In recent years, with the development of social civilization, people＇s consciousness of right protec tion is obviously growing, and people pay more attention to protecting and safeguarding their rights than ever. The disputes caused by improper birth have continued to increase, which are not clearly regulated in the current laws of our country. In this paper, the author defines ＂improper birth＂, further clarifies the justiciability of ＂improper birth＂, litigation subject of ＂improper birth＂ cases, the nature of the damage compensation claims of ＂improper birth＂, expecting to improve the legal system of ＂improper birth＂, regulate the practice of medical institutions, safeguard the legitimate rights and interests of relevant subjects, and promote the healthy development of the medical and health care.