Sakaihara Mitsuo
Department of Forensic Medicine, Hokkaido University Graduate School of Medicine, Kita-ku N15W7, Sapporo, 060-8638, Japan.
Med Sci Law. 2002 Jul;42(3):258-60. doi: 10.1177/002580240204200311.
Wrongful birth claim is generally defined as a claim by the parents of a child born alive but with a disability that a doctor was negligent in permitting the pregnancy to continue to birth. There have been four cases relating to congenital rubella syndrome and one case relating to Down's syndrome held in Japan. The claims brought by the mothers were that, but for the negligence of the doctor in managing the pregnancy, the mother would have had a lawful abortion and the child would not have been born to suffer a disability. As we do not have the provision of foetal indication for abortion in Japan, wrongful birth claim by parents is founded upon a breach of doctors' duty in advising of the probability of a disabled child. We compare the lawful nature of wrongful birth claims in Japan with those in the United States and the United Kingdom.
错误出生索赔通常被定义为，一个存活但有残疾的孩子的父母提出的索赔，称医生在允许怀孕直至孩子出生方面存在疏忽。在日本有四起与先天性风疹综合征相关的案件以及一起与唐氏综合征相关的案件。母亲们提出的索赔称，要不是医生在管理孕期方面存在疏忽，母亲本会合法堕胎，孩子就不会出生并遭受残疾。由于在日本我们没有基于胎儿指征的堕胎规定，父母提出的错误出生索赔是基于医生在告知残疾儿童可能性方面的失职。我们将日本错误出生索赔的法律性质与美国和英国的进行比较。
