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Updated 27 November 2013

Quadriplegic awarded R16.2m against MECs

Daniel Frederick Hermanus Fleming was awarded over R16,2 million in a settlement against the MECs for Health and Social Development of Limpopo, North West and Gauteng.

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Leading SA law firm Adams & Adams has won quadriplegic Daniel Frederick Hermanus Fleming over R16.2  million in a settlement against the MEC for Health and Social Development of the Limpopo province, the MEC for Health and Social Development of the North West province and the MEC for Health and Social Development of the Gauteng province.

Sub-standard care

Fleming, a former boiler-maker – who after having been involved in a car accident on 15 March 2009, was rendered a quadriplegic due to the sub-standard medical and nursing care he received at Thabazimbi Provincial Hospital, Job Shimankane Tabane Provincial Hospital and George Mukhari Provincial Hospital respectively.

“Of the R16 263 675 settlement, Thabazimbi Hospital was ordered to pay 10%; Job Shimankane Tabane Hospital 45%; and George Mukhari Hospital 45%, with the latter being solely liable for the damages flowing from the pressure sores developed by the plaintiff during his admission at George Mukhari Hospital,” says Nicolette Koch, partner at Adams & Adams.

“We claimed for the plaintiff’s past and future loss of earnings, past and future medical expenses, costs of care-giving and general damages for his pain and suffering and loss of amenities of life."

“The matter was settled between the parties in the Gauteng High Court on 25 November 2013, in full and final settlement of the plaintiff’s claim,” continues Koch. “We are extremely pleased with the outcome of this case.

 
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