Leading South African 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, Commercial Property and Litigation 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.”

Adams & Adams offers a wide range of specialist practice areas organised under the Commercial, Property and Litigation (CPL) department. The department has been in existence for many decades and has shown significant growth over the past few years. The team currently comprises of eleven partners, three senior associates, six associates, nine professional assistants, with a large number of candidate attorneys, paralegals and other support staff.

Written by Nicolette Koch, Adams & Adams