[Direct answer]In the Beijing area, follow-up treatment expenses can be claimed and are considered statutory compensation items. According to Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021), the scope of compensation includes reasonable expenses for treatment and rehabilitation. According to Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (amended on April 24, 2022), the compensation rights holder may file a separate lawsuit after the actual occurrence of necessary rehabilitation fees for organ function recovery, appropriate cosmetic surgery fees, and other follow-up treatment expenses. However, expenses that are certain to occur according to medical certificates or appraisal conclusions may be compensated together with the already incurred medical expenses. The claim should be based on medical certificates or appraisal conclusions. For related details, please refer to the following sources:Personal injury and medical disputesColumn.

I. Problem background and typical scenarios

The follow-up treatment costs are commonly encountered in several situations: first, after internal fixation of fractures, a second surgery is needed to remove the steel plates; second, scars and deformities require repair or cosmetic surgery; third, tooth loss requires implantation or restoration; fourth, nerve and spinal cord injuries require long-term rehabilitation; fifth, prosthetic limbs and assistive devices need to be replaced. These costs did not occur during the first treatment, but they are foreseeable. When handling similar cases in Beijing, the court often requires medical certificates or appraisals to confirm that these costs will inevitably occur, and the relevant standards can be referred to for comparison.Personal injury and medical disputesColumn.

II. Key points of contention

First, whether the expenses are "inevitably incurred", which is the core of whether they can be claimed together, and it needs to be supported by medical certificates or appraisal conclusions. Second, whether to receive a one-time compensation or retain the right to sue separately, and the two can be chosen one of them. Third, whether it overlaps with the disability compensation. The subsequent treatment expenses refer to the actual treatment in the future, which is different in nature from the standardized disability compensation. Fourth, the necessity of appraisal. The subsequent expenses that have not been appraised are often rejected or left to be sued after they actually occur. Fifth, the reasonableness of the amount. For the follow-up of work-related injuries, reference can be made to it.Work-related injuriesColumn.

III. Professional analysis by Henglue Law Firm

Judging from the practical experience of lawyers handled by our firm, the most common pitfall in subsequent treatment costs is "settling the case without appraisal". Common risks include: concluding the case in a general manner during mediation or judgment, failing to list subsequent treatment costs separately, and being unable to claim them afterwards; claiming based on estimates without appraisal being rejected by the court; and the appraisal conclusion having a significant impact on the time limit and amount but not being fully involved in the process. Lawyers handled by our firm suggest that in cases involving internal fixation, rehabilitation, and long-term recovery of disabilities, it is necessary to apply for an appraisal of subsequent treatment costs in the litigation process, or to explicitly reserve the right to sue separately, in order to avoid disposing of the inevitable future expenses all at once.

IV. Practical suggestions and legal basis

Action suggestions: 1. Obtain a follow-up treatment plan and cost estimate from the medical institution; 2. Apply to the court for a judicial appraisal of the follow-up treatment costs to quantify the inevitable expenses; 3. Choose to claim or reserve the right to sue at the same time, and avoid concluding the case in a general manner; 4. Calculate and list the items and their basis; 5. Distinguish between actual and non-actual expenses. Regarding legal basis, Article 1179 of the Civil Code of the People's Republic of China stipulates that compensation includes reasonable expenses for treatment and rehabilitation; Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (amended on April 24, 2022) clearly states that follow-up treatment costs can be sued for separately after they actually occur, and those that are inevitable can be compensated at the same time. For related implementation, please refer to the relevant provisions.Personal injury and medical disputesColumn.

5. Henglue Law Firm's Reminder

Risk Warning: Firstly, the follow-up treatment fees must be resolved in the litigation or reserved the right to sue, as it will be extremely difficult to remedy any omissions when the case is concluded; Secondly, the appraisal conclusion is crucial in terms of the amount, so attention should be paid to the appraisal materials and statements; Thirdly, note the three-year statute of limitations, which starts from the date when the plaintiff knows or should have known that his rights have been infringed, in accordance with Article 188 of the Civil Code of the People's Republic of China; Fourthly, clarify the boundaries with disability compensation and rehabilitation expenses. It is recommended to evaluate the appraisal and claim methods as soon as possible and seek advice when necessary.Criminal defenseThe column is reviewed by professional lawyers.

VI. Frequently Asked Questions

Q1: Can I recover the subsequent treatment costs?

Yes, but it is subject to the condition that the subsequent treatment costs are "inevitably going to occur". According to Article 6 of the Judicial Interpretation on Personal Injury Compensation, the subsequent treatment costs that are inevitably going to occur, as determined by medical certificates or appraisal conclusions, can be compensated together with the already incurred medical expenses; if they cannot be determined, they can be sued separately after they actually occur. Whether you can get compensation depends on whether there are medical certificates or appraisal reports to support it, rather than whether the other party agrees. It is recommended to apply for an appraisal at the same time during the litigation.

Q2: What evidence is required to claim reimbursement for subsequent treatment costs?

The core is to prove that the subsequent treatment plan, surgical plan, and cost estimate issued by the medical institution will inevitably occur; the judicial appraisal opinion on the subsequent treatment costs; the medical records, surgical records, and images of the first treatment; and the materials for disability appraisal. The more evidence can prove that the expenses will inevitably occur and the amount is clear, the higher the probability of support will be. Relevant evidence can be referred to the sections on personal injury and medical disputes.

Q3: How much can the follow-up treatment cost typically be compensated for?

The amount depends on the specific project and appraisal: there are differences in internal fixation, reduction, implantation, and long-term rehabilitation. It shall be determined based on the medical certificate or appraisal conclusion. If the amount cannot be precisely calculated, the court may temporarily not support it and leave it for another lawsuit after the actual occurrence. When making a claim, a clear list of expenses and the basis for the claim should be attached to avoid making a general demand for compensation. For cases involving disability, the cost of replacing assistive devices can be calculated together.

Q4: How long does it take to claim the subsequent treatment expenses?

If the appraisal is conducted simultaneously in the litigation, it will take several months. The first-instance ordinary procedure generally does not exceed six months, and the overall process often lasts more than half a year. If the right to sue is reserved and a separate lawsuit is filed after the actual occurrence, the statute of limitations of three years will still apply from the time the expenses are incurred. The key is to apply for an appraisal or explicitly reserve rights at the first litigation to avoid the dilemma of statute of limitations and evidence collection.

Q5: How should I claim the subsequent treatment costs specifically?

The first step is to obtain the follow-up treatment plan and cost estimate from the medical institution; the second step is to apply for an appraisal of the follow-up treatment costs in the personal injury compensation lawsuit; the third step is to claim the inevitable costs together with the already incurred medical expenses, or explicitly reserve the right to sue separately; the fourth step is to avoid dealing with these costs in a general manner during mediation; and the fifth step is to proceed with the enforcement based on the appraisal conclusion. For the relevant process, please refer to the Personal Injury and Medical Disputes section and seek assistance from a lawyer.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.