[Direct answer]In the Beijing area, hospitals are generally not obligated to advance payment for subsequent treatment. According to Article 1179 of the Civil Code of the People's Republic of China, if a person's personal injury is caused by infringement, the party liable for compensation is the infringer, and medical expenses, etc. shall be borne by the responsible party or by compulsory auto insurance or commercial insurance. Hospitals, as medical institutions, generally have no obligation to advance payment. Whether a claim for subsequent treatment can be made depends on whether it has actually occurred or is inevitably going to occur after appraisal, and whether it is within a reasonable and necessary range. It is recommended to first obtain a diagnosis certificate and a subsequent treatment plan, and then claim compensation from the responsible party through negotiation, mediation, or litigation. If necessary, apply for a judicial appraisal to confirm the amount. For more details, please refer to the following link:Legal services for personal injury and medical disputes.

1. Problem background and typical scenarios

Injured patients often face the dilemma of their injuries not healing yet and their money being exhausted. Typical scenarios include: needing secondary surgery or rehabilitation therapy after a traffic accident or medical malpractice, which are costly; being denied by the hospital when the patient requests them to advance the funds for subsequent treatment; the at-fault party delaying payment or insurance claims not being settled yet; and disputes between the two parties over whether subsequent treatment is necessary and the amount involved. Many patients mistakenly believe that hospitals must take full responsibility and settle accounts after treatment, but hospitals have no legal obligation to advance funds, and the relevant expenses should still be claimed from the party liable for compensation. Such disputes can be resolved through legal means.Creditor-debtor relations and enforcement case servicesCoordinate the recovery of compensation.

II. Key points of contention

The focus of the dispute centers on three issues. Firstly, the subject of advance payment: whether the hospital is a qualified obligor for advance payment. In the medical relationship, it is a medical treatment contract. In principle, the hospital is only responsible for the medical treatment, and does not bear the compensation for the infringement between the patient and the third party. Secondly, the necessity of subsequent treatment fees: whether the treatment plan is based on the needs of the patient's condition, and whether the cost exceeds a reasonable range. This often requires appraisal or expert opinions to support it. Thirdly, the burden of expenses and the payment schedule: how to connect the responsible person, insurance and medical institutions, and whether it can be paid in installments or enforced in advance. For those involving insurance compensation paths, reference can be made to the relevant provisions.Business and contract dispute resolution services for enterprisesClarify the compensation relationship.

III. Professional analysis by Hengluo Lawyers

Based on practical experience in handling personal injury and medical disputes, the core issue regarding follow-up treatment costs is not about who should pay upfront, but rather whether they can be legally confirmed and implemented in compensation. According to Article 1179 of the Civil Code and 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 February 15, 2022), follow-up treatment costs are limited to those that have actually occurred or are necessarily and reasonably required to occur based on appraisal. The court will determine the amount based on medical institution certificates and appraisal opinions. Hengluo Lawyers usually recommend the following steps: First, obtain the follow-up treatment opinions and cost estimates issued by the attending physician; if necessary, apply for a judicial appraisal to fix the amount; then claim compensation from the infringer and insurance company based on the liability determination. If no agreement can be reached, the claim can be pursued in litigation. Those who meet the conditions can apply for advance enforcement according to law to avoid patients interrupting treatment due to cost issues.

IV. Practical suggestions and legal basis

The legal basis is Article 1179 of the Civil Code of the People's Republic of China (effective from January 1, 2021) (the scope of compensation for personal injury includes follow-up treatment costs) and Article 1228 (liability for medical damage); the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Cases of Compensation for Personal Injury (amended on February 15, 2022) regarding the rules for identifying medical expenses and follow-up treatment costs. Practical suggestions: Fix the medical records, diagnosis certificates, and follow-up treatment plans as soon as possible; apply for a judicial appraisal if there are disputes over the necessity and amount of follow-up treatment; clarify the responsible party and insurance channels, and prioritize consultation or mediation; if mediation fails, claim follow-up treatment costs in litigation and, if necessary, apply for advance enforcement. In cases involving multiple parties' liability, it may be combined with other legal provisions.Business and contract dispute services for enterprisesClarify the subject.

5. Henglu Law Firm's Advice

For subsequent treatment fees, don't expect the hospital to advance the payment. Instead, focus on confirming the amount, identifying the responsible party, and pursuing compensation according to the law. It's essential to keep all medical records and expense receipts, and obtain certificates of necessity for subsequent treatment in a timely manner. When communicating with the infringer and insurance companies, maintain written records. If there are significant disputes over the amount, promptly apply for an appraisal to avoid being penalized for basing the lawsuit on oral estimates. If you're unsure about the allocation of responsibilities or the appraisal process, it's advisable to consult a professional lawyer as soon as possible to assert your rights within the statute of limitations and prevent compensation being affected by insufficient evidence or exceeding the time limit. For further assistance, you can seek help fromSpecial services and other case servicesDevelop a claim plan.

VI. Frequently Asked Questions

Q1: Can I win the lawsuit for subsequent treatment fees, and will the hospital be ordered to advance the payment?

Whether or not support can be obtained depends on whether the subsequent treatment costs are legally confirmed, rather than whether the hospital advances the payment. Courts usually support the necessary and reasonable subsequent treatment costs that are inevitably incurred based on medical institution certificates or judicial appraisals, and the infringing party or insurance company is responsible for the payment. Hospitals, as medical institutions, are generally not ordered to advance the payment unless there is a prior advance payment agreement between the two parties or specific statutory circumstances. Therefore, the objective of the lawsuit should be to claim the subsequent treatment costs from the responsible party, rather than to force the hospital to advance the payment, so as to avoid misdirecting the claims and affecting the realization of rights and interests.

Q2: To claim the subsequent treatment costs, what evidence do I need to prepare?

Key evidence includes: outpatient and inpatient medical records, diagnosis certificates (proving the injury and treatment process), follow-up treatment plans and cost estimates issued by the attending physician, receipts for medical expenses already incurred, and vouchers related to transportation and care; if there are disputes over the necessity or amount, a judicial appraisal opinion should also be prepared. The organization of evidence should focus on three points: the need for treatment, the necessity of treatment, and the reasonableness of the cost. The more complete the materials are, the higher the probability that the court will fully recognize the follow-up treatment fees. It is important not to just make oral estimates and claim them.

Q3: How much will the attorney's fees and litigation costs be for subsequent treatment disputes?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the litigation request. The subsequent treatment fees shall be included in the total compensation and be calculated together. The losing party shall bear the fees or share them according to the proportion of liability. Lawyer's fees are related to the complexity of the case, the amount of the claim, and the lawyer's qualifications. They are usually charged on a per-case basis or according to the amount of the claim. The specific fees shall be subject to the contract of entrustment and there is no unified government pricing. It is recommended to evaluate the amount of subsequent treatment fees that can be claimed before suing, compare the costs and benefits with lawyer's fees and litigation fees, and make rational choices about obviously unfounded high-value estimates.

Q4: How long does it usually take from filing a lawsuit to receiving compensation for subsequent treatment costs?

The timeframe depends on the procedures and appraisals. For ordinary first-instance proceedings, the trial is typically completed within six months, and for summary proceedings, it is completed within three months; if a judicial appraisal is needed to confirm the follow-up treatment costs, the appraisal period will correspondingly prolong the overall process. After the judgment takes effect, if the other party refuses to perform its obligations, it is necessary to apply for compulsory enforcement. Overall, simple cases often take several months from filing a lawsuit to receiving payment, and complex cases or cases requiring appraisals may take even longer. For those in urgent need of funds, they can apply for advance enforcement in the litigation process, and the court will order the responsible party to pay a portion of the treatment costs in advance to alleviate the urgent situation.

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

It is recommended to follow four steps: First, continue with treatment and keep all medical records, diagnosis certificates, and expense receipts intact to avoid evidence gaps; Second, ask the attending physician to provide a statement on the necessity of follow-up treatment and a cost estimate as a basis for claims; Third, if there are disputes over the amount, commission a judicial appraisal agency to determine a reasonable amount; Fourth, based on liability determination and insurance coverage, first negotiate with the infringer and insurance company. If no agreement is reached, file a lawsuit within the statute of limitations and, if necessary, apply for provisional enforcement. Throughout the process, keep all communication records and, if necessary, engage a lawyer to assist with evaluation and negotiation.

The above answer is based on the judicial practice in Beijing. The adjudicative opinions in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits. →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 a dispute arises, please consult a practicing lawyer in time.