Legal Liability of Negligent Prenatal Exam
Wrongful birth is a legal action which physicians fail to warn the risk of giving birth to a child with serious genetic or congenital abnormalities. Nowadays, there are no stable judicial opinions in Taiwan. This article affirms the right of women’s reproductive self-determination in this situation. On the other side, based on the theory of objective attribution, no illegal risks are created by physicians. Therefore, there’s no need to discuss criminal liability.