[Direct answer]This can be claimed. In medical damages, the repair and plastic surgery fees, if they are necessary for restoring the body's functions and remedying the medical damages, should be included in the scope of compensation. According to Article 1179 of the Civil Code of the People's Republic of China, if someone infringes on others and causes personal injury, they shall compensate for the reasonable expenses of medical treatment, nursing care, transportation, etc. incurred for treatment and rehabilitation. If disability occurs, they shall also compensate for the costs of assistive devices and disability compensation. 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 and implemented on May 1, 2022), the subsequent treatment fees can be sued separately after they actually occur; but if they can be determined to inevitably occur based on the medical institution's proof or the appraisal conclusion, they can be claimed together with the already incurred medical expenses. It is recommended to keep the medical records, expense receipts, and medical certificates, and provide evidence in a timely manner. For more details, please refer to the above-mentioned document.Personal injury and medical dispute services.

1. Problem background and typical scenarios

In medical malpractice disputes, patients often suffer from injuries that require subsequent repair due to medical negligence. Typical scenarios include: surgical residual deformities or functional disorders requiring secondary plastic surgery repair; scars from burns or traumatic injuries requiring plastic surgery treatment to restore function; failed operations by plastic surgery and beauty institutions requiring remedial treatment; and congenital or accident-induced deformities that still require plastic surgery rehabilitation after medical treatment. Whether such expenses can be claimed for compensation depends on the evidence of "necessity and reasonableness". For cases involving subsequent compensation payments, the evidence can be combined with other relevant materials.Creditor-debtor relations and enforcement case servicesCoordinate proposals and implementation.

II. Key points of dispute

The focus of the dispute lies in three aspects. Firstly, the distinction between restorative plastic surgery (to restore function and remedy damage) and purely cosmetic plastic surgery is often confused by medical practitioners in their defenses. The former can be compensated for, while the latter is generally difficult to gain support for. Secondly, the necessity and rationality of the expenses: whether the expenses are caused by the current medical damage and whether they are necessary for routine medical treatment are the key points reviewed by the court. Thirdly, the standard of proof: it requires the medical institution to prove or confirm that the damage is inevitable. In the judicial practice of Beijing, the exclusion of "non-essential cosmetic procedures" is relatively strict. Patients should provide evidence based on functional impairment rather than appearance improvement. For cases involving multiple types of damage, reference can be made to the relevant provisions.Special services and other case-related services.

III. Professional analysis by Hengluo Lawyers

Based on practical experience in handling personal injury and medical disputes, the key to obtaining support for repair and plastic surgery fees lies in transforming "cosmetic demands" into "functional rehabilitation demands". Lawyers usually recommend the following steps: First, the attending medical institution or appraisal agency should issue a statement clarifying that the repair is aimed at restoring function rather than simply improving appearance; then, organize a chain of evidence showing that the deformity or functional impairment is directly caused by medical harm, and link the expenses to the fault. In practice, courts support repair costs that have medical certificates and directly correspond to the harm consequences, while excluding unsubstantiated cosmetic expenses. Henglu Law Firm assists clients in clarifying the nature of the expenses, fixing medical records, and highlighting the "necessity" argument during the appraisal and trial process to avoid being rejected as a whole. For compensation calculations, it can be done throughBeijing Hengluo Law FirmFurther evaluation.

IV. Practical suggestions and legal basis

The core basis is Article 1179 of the Civil Code of the People's Republic of China (effective from January 1, 2021) (Scope of Compensation for Personal Injury), Article 1228 and related provisions on medical damage liability; as well as 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 and effective from May 1, 2022) (Subsequent treatment costs can be claimed together or separately). Practical suggestions: When seeking medical treatment, require the medical institution to issue a written statement on the necessity of repair; retain all medical records, surgical records, expense receipts, and transfer vouchers; if necessary, apply for judicial appraisal to confirm the necessity and reasonableness of the expenses; if no agreement can be reached, list the expenses together in the lawsuit. If the case involves disability grades, it can be combined with other evidence to determine the compensation amount.Personal injury and medical dispute servicesHandle them all together.

5. Henglu Law Firm's Reminder

There is a three-year statute of limitations for claims for plastic surgery repair expenses, which starts from the date when the claimant knows or should have known that his/her rights have been infringed and the obligee's obligations have been breached, in accordance with Article 188 of the Civil Code (effective from January 1, 2021). It is important not to wait until the statute of limitations is about to expire before taking action. When providing evidence, the focus should be on "functional recovery" rather than "improving appearance", and the medical institution should be required to prove the causal relationship between the expenses and the current damage. For large-scale repair plans, it is recommended to first assess the inevitability and strength of the evidence before deciding whether to claim them together, in order to avoid increasing litigation costs unnecessarily. If professional support is needed, you can seek assistance from relevant professionals.Special services and other case services.

VI. Frequently Asked Questions

Q1: Can I definitely get back the repair and plastic surgery costs incurred in medical malpractice cases?

It's not an absolute rule, but those who meet the requirements have a higher chance of being supported. The key point is that the expenses must be for follow-up treatment necessary to restore function and remedy medical harm, rather than purely cosmetic. If the medical institution proves or appraises that the expenses are inevitable and have a causal relationship with the current harm, the court will usually support them; however, it's difficult to obtain compensation for purely cosmetic improvement expenses. The outcome depends on the evidence and facts. Lawyers will help you base your claims on "necessity", rather than making unrealistic promises.

Q2: If I want to claim reimbursement for plastic surgery expenses, what evidence do I need to prepare?

The core evidence includes: the medical records, surgical records, and diagnostic certificates of the current medical damage (to prove the consequences of the damage); written statements from medical institutions or appraisal institutions regarding the necessity of repair and the inevitability of the costs; invoices, contracts, and transfer receipts for the repair treatment; and imaging materials that reflect the changes before and after the deformity or functional impairment. The evidence should be organized around "caused by the damage and necessary for recovery", to avoid being identified as self-chosen cosmetic projects.

Q3: What are the approximate costs of litigation and appraisal fees for plastic surgery repair cases?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of compensation claimed by you, and shall be borne by the losing party; if the follow-up treatment fees have not actually occurred, they shall generally be calculated based on the appraisal estimate amount. The appraisal fees shall be prepaid separately according to the charging standards of the appraisal institutions, and shall ultimately be shared according to the proportion of liability. The specific amount varies depending on the scale of the expenses. It is recommended that you first have your lawyer assess the amount that can be claimed and the strength of the evidence, and then weigh the litigation costs. Do not delay the provision of evidence just because the amount has not been determined.

Q4: How long does it usually take from the appraisal to the determination of the repair cost?

Civil litigation in the first instance under the ordinary procedure shall be concluded within six months, and under the summary procedure within three months; if it involves medical damage appraisal and assessment of follow-up treatment costs, the appraisal period will be extended accordingly, and the overall process often takes several months to a year. If a lawsuit is filed separately after the actual expenses have occurred, the trial period shall be calculated from the date of their occurrence. It is recommended to claim compensation as soon as the treatment is relatively stable and the necessity can be verified, so as to avoid repeated litigation and prolonging the process.

Q5: I want to claim the cost of repair and plastic surgery together. What should I do first?

It is recommended to proceed in four steps: First, request a written certificate from the medical institution or repair agency regarding the necessity of repair and the inevitability of the cost; Second, organize the medical records, receipts, and damage images of the original medical injury to fix the evidence of causality; Third, apply for a judicial appraisal when necessary to confirm the amount and inevitability of the cost; Fourth, list the cost together with the medical expenses in the lawsuit, and initiate legal action promptly if no agreement is reached. Throughout the process, keep all relevant documents and, if necessary, hire a lawyer to assist with evidence collection and appraisal communication.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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 you encounter disputes, please consult a practicing lawyer in time.