Legal analysis: a medical service contract refers to a contract in which one party provides medical services and the other party accepts medical services and pays medical expenses. The liability for breach of contract in medical service contract is mainly to compensate for losses, and it can also be applied to continue performance in some cases. In the medical service contract, the patient authorizes the doctor to treat and examine his own disease with his own body as the object, so the doctor should fulfill the obligation of a kind manager according to the principle of good faith. If a doctor violates his duty of care, he may be deemed to be in breach of contract and shall be investigated for legal responsibility. It is a breach of contract for doctors not to advise patients to do relevant items in accordance with the provisions of medical administrative regulations. Due to the doctor's breach of contract, the patient lost the right to know about the health status of his fetus and the right to choose childbirth and terminate pregnancy, which brought mental pain to the patient. We can solve the problem of legal application of compensation for mental damage caused by breach of contract according to the relevant provisions of People's Republic of China (PRC) Civil Code.
Legal basis: According to Article 583 of the Civil Code of People's Republic of China (PRC).
If one party fails to perform its contractual obligations or fails to comply with the contract, and after performing its obligations or taking remedial measures, the other party still suffers other losses, it shall compensate for the losses.