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Medical Malpractice Attorneys

Friedman & Associates has made medical negligence a prime area of focus over the last few years. Each medical negligence case is thoroughly researched having regard to the complexities of the law in relation to these medical negligence claims. Our firm has a special interest in dealing with claims that involve babies who are born severely disabled as a result of medical mismanagement and negligence during the birth process.

Cerebral Palsy

Cerebral palsy is a medical condition caused by a permanent brain injury that occurs before, during, or shortly after birth. The effect of cerebral palsy is characterized by lack of muscle control and body movement. The cerebral palsy diagnosis is usually made shortly after birth, but may show up later in childhood. Please contact us today for cerebral palsy claims that you may have, we will assist you.

We will ensure your medical negligence claim is:

  • Fully investigated and researched, before being assessed by highly respected medico legal experts.
  • That your claim will be given prompt efficient and personal attention.

Medical negligence claims settled by Friedman & Associates, attorneys in the Durban area


Claim: Against the department of health.

Description: This was a claim for a 10 year old child that had a heart defect-the child was left paralysed after an operation.

Settlement: R1 million

Name: Amy H 

Description: Born severely disabled as a result of medical negligence.

Settlement: R3.4 million

Name: Baby Simphiwe

Description: Suffered brain damage at birth as a result of medical negligence.

Settlement: R9.7 million

Name: Baby Sabelo

Description: Suffered brain damage at birth as a result of medical negligence.

Settlement: R8.3 million

Mother of disabled child granted R10m

A Ramsgate mother has been awarded almost R10m in damages to assist with the care of her 5 year old son, who was born severely disabled because of medical negligence at Port Shepstone Hospital. Lawyers for the health department agreed yesterday to settle the matter moments before it was scheduled to go to trial in the Durban High Court.

In terms of the settlement which was made an order of court the department will pay Fortunate Mkhize R9.7 million. Her attorney Andrew Eastes, of Friedman & Associates, said the money would be put in a trust for the benefit of her son, Simphiwe, and medical experts would be consulted to ensure that he receives the care he needs. "My client is relieved and is very happy," he said.

According to papers filed with the court, Mkhize was first admitted to the hospital on January 17 2003, to give birth. She was discharged three days later without having the baby, in spite of a ultrasound scan indicating placental degeneration. Mkhize was again admitted on January 28 when, it was alleged, medical staff took no heed of her history and failed to induce her or do a Caesarean section.

Instead, staff prolonged her labour and she was made to walk up and down a passage 'in excruciating agony'. It was also alleged that staff ignored warnings from the foetal heart monitor and the fact that Mkhize had meconium in her amniotic fluid. As a result, on January 29, Simphiwe was born severely mentally and physically handicapped with irreversible brain damage as a result of medical negligence.

Initially the department refused to concede medical negligence, but finally accepted liability last year. According to a medico-legal report compiled by Dr Rob Campbell, while Simphiwe is well cared for by his mother and grand mother and is a seemingly content child, he cannot express himself. He spends most of his days in his wheelchair - which he cannot push himself - and he cannot sit up unaided nor can he walk.

"In essence, he is fully dependent on his mother and grand mother, and has to be supervised at all times," the report states. "He struggles to understand basic communication and is barely able to make his needs and wants known."

Campbell recommended that provision be made for full-time carers to work around the clock for the rest of Simphiwe's life.

Medical Negligence Articles



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