[Direct answer]In the Beijing area, there are two approaches to claiming compensation for follow-up treatment costs in medical malpractice cases: one is to wait until the actual costs are incurred before making a claim; the other is to determine the inevitable costs based on the certificates issued by medical institutions or the conclusions of judicial appraisals, and to claim them together in this case. According to Article 1179 of the Civil Code of the People's Republic of China, medical expenses are included in the scope of compensation for personal injury, including the necessary follow-up treatment costs. Common items include the removal of internal fixation devices, rehabilitation therapy, reconstructive surgery, long-term medication, and secondary surgery. It is recommended to use medical certificates or appraisals to determine the "inevitable and reasonable amount of expenses" to avoid exceeding the three-year statute of limitations for litigation. For more details, please refer to the following link:Personal injury and medical dispute services.

I. Problem background and typical scenarios

Patients often face the reality that "they may be cured in the short term, but will still have to spend money in the long run" after medical harm. Typical scenarios include: fracture internal fixation requiring a second surgery to remove it; brain or spinal cord injuries requiring long-term rehabilitation training; disfiguring injuries requiring phased repair; continuous care and medication after fistula or organ reconstruction; and recurrent visits for complications. Follow-up treatment costs have the three characteristics of "future-oriented, inevitable, and uncertain amount". If patients do not properly claim for these costs in the current claim, they may be trapped in repeated litigation. For cases involving loss of income and nursing care, it is recommended to combine the following aspects:Labor arbitration and work-related injury compensation servicesComparison.

II. Key points of contention

The focus of the controversy lies in three aspects. Firstly, whether the expenses are "inevitably incurred": the court requires medical certificates or appraisal conclusions to support this, and simple estimates are easily rejected. Secondly, the reasonableness of the amount: the items, frequency, and unit price must match the injury situation, and excessive amounts will be reduced at the court's discretion. Thirdly, the method of claiming: claiming all at once or filing a separate lawsuit after the event each has its advantages and disadvantages—claiming all at once requires proof of certainty, while filing a separate lawsuit prolongs the process and increases costs. When handling similar cases in Beijing, the court tends to determine the follow-up expenses based on appraisals or clear medical certificates, and does not support unsubstantiated estimates. For cases involving enforcement, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Lawyers

Based on our firm's practical experience in handling medical disputes, the most common problem with follow-up treatment costs is the "lack of evidentiary certainty". Many clients claim large amounts of compensation based solely on doctors' oral statements that "future surgeries are necessary", without any written proof or appraisal reports. As a result, their claims are often significantly reduced. Henglu Law Firm typically recommends the following: Have the attending doctor issue a certificate detailing the items, frequency, and estimated costs of follow-up treatment; Submit a judicial appraisal report to clarify the inevitability of future expenses in cases of significant disputes; Combine the arguments about follow-up treatment with those about disability and nursing dependency to avoid duplicative evidence. In practice, the more specific the evidence is, the higher the probability of obtaining compensation in one go, and it can also save clients the trouble of filing separate lawsuits in the future. For cases involving family financial arrangements, clients can seek assistance from professionals to handle the relevant matters.Special services and other case services.

IV. Practical suggestions and legal basis

The core basis is Article 1179 of the Civil Code of the People's Republic of China (effective as of January 1, 2021) (medical expenses including subsequent necessary treatment), Article 1228 (liability for medical damage), and the provisions 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 and effective as of May 1, 2022) regarding the compensation for rehabilitation fees and subsequent treatment fees based on medical certificates or appraisal conclusions, as well as the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Medical Damage Liability Disputes (amended on December 23, 2020). Practical suggestions: Obtain written certificates or appraisals for subsequent treatment; list the items, frequency, and amounts; claim them together with the case as much as possible; and file a separate lawsuit for those that cannot be determined until they actually occur. For cases involving criminal connections, refer to the relevant provisions accordingly.Criminal defense and criminal case filing services.

5. Henglu Law Firm's Reminder

For subsequent treatment fees, it is advisable to determine them as early as possible and based on actual evidence. Three points should be noted: First, it is essential to obtain a doctor's written opinion or appraisal on subsequent treatment, as oral explanations are difficult to be accepted; Second, try to resolve all claims in this litigation to avoid repeated litigation and increased costs in the future; Third, the three-year statute of limitations starts from the date when the plaintiff knows or should have known that his rights have been infringed and the obligee's identity has been determined. Subsequent expenses must also be claimed promptly once they have been determined or incurred. If the medical institution denies the necessity of treatment, the plaintiff should apply for an appraisal in accordance with the law. For comprehensive reference, please refer to the following materials:Inheritance succession and family property division services.

VI. Frequently Asked Questions

Q1: Can I get compensation in advance for the follow-up treatment caused by medical negligence?

Yes, but it is necessary to prove that the expenses "are unavoidable and reasonable in amount". If the medical institution issues a certificate for follow-up treatment, or the judicial appraisal confirms the inevitability of the items and amounts involved, the court may award the compensation in this case together, without waiting for the actual occurrence before filing a lawsuit. Lawyers will build their claims around the certificates and appraisals, but they will not make any promises about the outcome. Estimates of amounts without basis may be reduced or require separate litigation.

Q2: What evidence is needed to claim subsequent treatment costs?

The core evidence includes: a follow-up treatment certificate issued by the attending physician (items, frequency, estimated amount); a judicial appraisal conclusion on the inevitable expenses; the original medical records and surgical records (proving the injury and the necessity of treatment); the detailed breakdown of expenses and the basis for unit prices; and the receipts of the actual medical expenses as a reference. The more specific and clear the evidence is, the higher the probability of obtaining one-time support for follow-up treatment expenses, thus avoiding vague estimates.

Q3: If I hire a lawyer for the follow-up treatment, how much will it cost approximately?

The attorney's fees are negotiated between the law firm and the client, and the specific amount is subject to the client contract. There is no nationwide standard pricing. The litigation fees are calculated according to the "Method for Payment of Litigation Costs", with the total amount of the claim including subsequent expenses as the basis for calculation in stages. The appraisal fees are prepaid by the applicant and then shared according to the proportion of fault. It is recommended to first assess the certainty and total amount of subsequent projects, then weigh the costs, and actively claim for projects with solid evidence.

Q4: How long does it typically take from proving the need for follow-up treatment to receiving compensation?

If a claim is based on a medical certificate, a written opinion must first be obtained; if a claim is based on an appraisal, the appraisal often takes several months. The first-instance litigation in ordinary procedures is concluded within six months and in summary procedures within three months, and the appraisal is extended. Overall, it often takes more than half a year or even over a year from filing a lawsuit to issuing a judgment. It is recommended to obtain a certificate or appraisal as soon as possible and incorporate it into the current case for handling together, so as to avoid extending the timeframe and exceeding the statute of limitations due to subsequent litigation.

Q5: I want to claim the follow-up treatment fees. What should I do specifically in the first step?

There are four steps to follow: First, request a written certificate from the attending physician stating the items, frequency, and amount of the follow-up treatment; Second, if there are major disputes or high amounts involved, apply for a judicial appraisal to confirm the inevitability of the expenses; Third, include the follow-up treatment fees, disability, and care dependency in the litigation request; Fourth, if no agreement can be reached, promptly file a lawsuit and apply for preservation of evidence. Throughout the process, keep all receipts and certificates, and if necessary, hire a lawyer to systematically organize the evidence.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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 you encounter disputes, please consult a practicing lawyer in a timely manner.