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.
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.