Wrongful birth and wrongful life is a complex issue of Tort law the world over. The vast majority of wrongful birth and wrongful life claims for medical malpractice are brought in the tort of negligence. Increasingly, parents have become more knowledgeable about the various reproductive options available, and there has evolved a body of jurisprudence that has defined and defended the exclusive right of individuals to make their own decisions about conception and childbearing. Besides, seeking damages (economic and non-economic damage) are also essential issues. By introducing and comparing the legal principles of some legal systems, the paper clarifies the general picture of wrongful birth and wrongful life action. This work seeks to answer the question, “does the Vietnamese legal system practice wrongful birth and wrongful life action?” To answer the question, the research paper applies the method of analyzing and comparing some tort law systems related to the content.

According to United Nations (1948) if human rights are recognized as unalienable rights and the basis of freedom, justice, and peace in the world, patients' rights also play an essential role in those human rights. (World Health organization, 2019)This fact is the reason that not only the European Union but also many countries around the world attach great importance to patients' rights. However, according to Active Citizen Network (2002) patients' rights are different from one place to the other depending on various factors such as economic and cultural development, medical progress, practitioners' professional competence, medical examination, and treatment, etc., leading to regulatory differences between countries. The scope of this study is to distinguish the difference between patients' rights in Vietnamese law and the European Charter of Patients' Rights, focusing on identifying the Vietnamese legal gaps on patient rights that need to be supplemented and improved. As a result, the legal rights and benefits of patients in Vietnam would be progressively enhanced to world standards. Distinguishing Patients' Rights under the European Charter of Patients' Rights and Those in the Law on Examination and Treatment of VietnamOfficially recognized in 1948, the Universal Declaration of Human Rights recognizes the unalienable rights of humans (Humanium, 1948).Based on these fundamental rights, the rights of patients are developed and acknowledged. The European Union countries adopted the European Convention on Human Rights in 1950 (Encyclopaedia Britannica, 1950). Patients' rights are recognized as a special right in the European Union. Specifically, the member states of the European Union have adopted the Declaration on the Promotion of Patients' Rights in Amsterdam in 1994 and the European Charter of Patients' Rights (2002). Among the adopted patients' rights regulations, the European Charter of Patients' Rights is the fundamental declaration of the fourteen (14) important rights of patients. Patients are entitled to the following specific rights: the right to preventive measures, the right to information, the right to counseling, the right to free choice of medical services, the right to privacy and confidentiality of personal information, the right to respect of personal time, the right to medical examination and treatment according to quality standards, the right to safety, the right to access to medical innovation in examination and treatment, the right to avoid unnecessary pain in medical examination and treatment, the right to personalized treatment, the right to complain and the right to compensation (McAuley et al., 2005). According to Active Citizen Network ( 2002) the European Charter of Patients' Rights is increasingly strengthening the level of protection of patients' rights in countries with different contexts and harmonizing different health care systems. In this Charter, Article 51 provides that members of the European Union must comply with the provisions of the Charter of Patients' Rights even if ...

Medical malpractice liability insurance (MMLI) is one type of professional liability insurance that protects healthcare professionals from liability associated with wrongful practices. This type of MMLI can cover a result of bodily injury, medical expenses, and property damage, as well as the cost of defending lawsuits related to such claims. The frameworks of MMLI of the countries such as explanations, insurable interest, insured risk, insured premium, indemnification, and the third party will be analysed and compared.  Comparing the systems of MMLI in Vietnam with other countries-Belgium, France, and England- is to be aware of the different and similar regulations. The results from this study may help Vietnam to study more through the models of MMLI of Belgium, France, and England.

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