Liability Of Medical Institutions In Ethiopia Injuries Caused By Independent Contractors And Non-employee Physicians

In most jurisdictions the liobility of medical institutians for the injuries caused to its patientsrnused ta be conditional up an the emplayment relatianship that may exist between the institutionrnand the health. professional that caused the injury. However, modern medical institutionsrnstarted to avoid form al employment relationship with physicians to insulate themselves framrnmedical malpractice claims that may arise due to the fault of the attending health prafessional.rnGiven the modern set up of health institutions, where patients' reliance is placed up on therneffectiveness of the institution- not individual physicians, some legal systems responded to this .rnsituation by adopting theories of corporate negligence and ostensible agency to establish thernliability of such health institutions for medical malpractices and faults committed by nonemployeernphysicians or independent contractors. This thesis therefore explores the Ethiopianrnlegal framework towards the liability of medical institutions for medical malpractices and showsrnhow the Ethiopian Civil Code of 1960 leaves untouched the liability of medical ins titutions whenrnindependent contractors or non-employee physicians cause injury to a sick person within thernpremises of the institution, and makes suggestions to update the law to cope with newrndevelopments in the health care relationships and medical service.

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