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关于“不当出生之诉”的概念,理论界有不同的看法,但基本上可以界定为“产妇在孕期到医疗机构进行产前胎儿健康检查,医疗机构未能发现异常,产妇产下先天缺陷的婴儿,婴儿或其父母与医疗机构产生纠纷,向法院提起的诉讼”。随着高科技在医学诊断上的应用,B超、彩超、三维彩超也广泛运用于孕检,在先进医疗器械的帮助下,一些先天残疾的胎儿早期即被筛查出来。但是婴儿不当出生的例子在全国时有发生,尤其表现在肢体缺陷等。为此,有的父母认为残疾孩子的出生,系产前检查不合格和保健医疗机构过失造成,从而向医疗机构主张赔偿。医疗机构在检查中应该注意哪些事项才能最大可能避免残疾儿的出生。
Regarding the concept of “improper birth”, theorists have different views, but basically can be defined as “Maternal prenatal fetal health examination at medical institutions during pregnancy, medical institutions failed to find abnormalities, maternity Infants, infants or their parents who have a birth defect and medical institutions have disputes and filed a lawsuit in court. ” With the application of high technology in medical diagnosis, B ultrasound, color Doppler, three-dimensional ultrasound is also widely used in pregnancy test, with the help of advanced medical equipment, some of the congenital disability of the fetus was screened out early. However, examples of improper birth of babies occur all over the country, especially in the areas of physical defects. To this end, some parents believe that the birth of a disabled child is caused by the failure of prenatal examination and the negligence of health care institutions, thus claiming compensation from medical institutions. Medical institutions in the inspection should pay attention to what matters in order to avoid the most possible birth of disabled children.