De la responsabilité médicale à Madagascar

Ekobary Laurent Andriatahina
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Ekobary Laurent Andriatahina: University of Antanarivo, Madagascar

Les Cahiers du CEDIMES, 2025, vol. 20, issue 3, 92-104

Abstract: The purpose of studying medical liability is to determine the fault or error of practitioners with a view to obtaining compensation for victims, given that compensation is not automatic in the event of injury. It also analyses the conditions under which the professional or establishment assumes the harmful consequences of their actions. The use case law due to the lack of rules devoted to medical liability law and the opacity of law protecting patients’ rights makes it difficult to determine this liability is crucial for procedural strategy. The question that arises is therefore whether case law alone is sufficient to compensate for the lack of provisions protecting patients’ right. The objective of this reflection is to establish a unified provision facilitating the assessment of medical liability in Madagascar and guarantee the protection of patients’ rights in response to the constant evolution of medicine. We opted for a comparative methodology between french and malagasy texts, judgements, and court decisions relating to medical liability. An analysis based on a review of existing research and specialized articles on the subject was also conducted. This led us to the need to propose a conceptualization of homogeneous legal rule strengthening the Malagasy health code to facilitate the judge’s assessment and thus stabilize case law.

Date: 2025
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DOI: 10.69611/cahiers20-3-07

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