Liability of Medical Institutions in Ethiopia: Injuries Caused By Independent Contractors and Non-Employee Physicians
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Date
2011-11
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Addis Ababa University
Abstract
In most jurisdictions the liobility of medical institutians for the injuries caused to its patients
used ta be conditional up an the emplayment relatianship that may exist between the institution
and the health. professional that caused the injury. However, modern medical institutions
started to avoid form al employment relationship with physicians to insulate themselves fram
medical malpractice claims that may arise due to the fault of the attending health prafessional.
Given the modern set up of health institutions, where patients' reliance is placed up on the
effectiveness of the institution- not individual physicians, some legal systems responded to this .
situation by adopting theories of corporate negligence and ostensible agency to establish the
liability of such health institutions for medical malpractices and faults committed by nonemployee
physicians or independent contractors. This thesis therefore explores the Ethiopian
legal framework towards the liability of medical institutions for medical malpractices and shows
how the Ethiopian Civil Code of 1960 leaves untouched the liability of medical ins titutions when
independent contractors or non-employee physicians cause injury to a sick person within the
premises of the institution, and makes suggestions to update the law to cope with new
developments in the health care relationships and medical service.
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Law