With the development of gene detection technology and medical level,the standard of medical institution and medical staff’s duty has been improved. In violation of their duty of care,medical institutions and medical staffs fail to diagnose the malformation of the foetus or fail to fulfill the duty of full disclosure,thus deprived parents of their right to understand what happened on their foetus and decided whether to give birth or not. Medical institutions should bear the liability of compensation for property loss and mental damage suffered by parents due to the birth of a disabled child. Parents has two remedy way of wrongful birth of the disabled children:the medical tort liability of violating the right of birth choice and the breach of contract obligation of medical service. In practice,due to the limitations of the privity of contract and the scope of compensation,the action of tort is the main remedy way for wrongful birth. In tort action,there are disputes in practice about whether parents’ right of claim for wrongful birth should be supported,the qualification of the disabled children and the determination of compensation scope. This article will proceed from cases,around the wrongful birth relief,further discusses the reasonable relief route,measure the victim’s benefit and the medical organization responsibility relations,achieve redress for victims and their families and prevention of medical malpractice.
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