The judgments are very different in two cases of "wrongful birth" which are the same basically. According to the analysis of these two cases, "wrongful birth" impairs female " reproductive fights" which belongs to the "personality fights", fits the Article 6 of Tort Liability Law. It means medical institutions should be responsible for the compensation.%在两起案件基本相同的“不当出生”案件中,判决结果迥异。经对两案评析认为,“不当出生”案件侵害了产妇的“生育自主权”,该权利为“人格权”,适用《侵权责任法》第六条,医疗机构应承担损害赔偿责任。
展开▼