[Direct answer]In the Beijing area, whether the costs of follow-up treatments such as secondary surgery can be claimed in advance (together with the first claim) depends on whether these costs are certain to occur. 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 February 15, 2022), the right holder for compensation may file a separate lawsuit after the actual occurrence of the follow-up treatment costs; however, the costs that are certain to occur according to the medical certificate or the appraisal conclusion can be compensated together with the already incurred medical expenses. Therefore, if the medical institution's certificate or the judicial appraisal can confirm that the secondary surgery is necessary and the costs are clear, they can be claimed together in this lawsuit; otherwise, it is advisable to file a separate claim after the actual occurrence to avoid being rejected due to insufficient evidence. It is recommended to conduct disability and post-operative medical expense appraisals as soon as possible. For more details, please refer to the following link:Legal services for personal injury and medical disputes.

1. Problem background and typical scenarios

In personal injury cases such as traffic accidents, work-related injuries, and medical malpractice, victims often need to undergo secondary surgeries such as removing internal fixation devices, plastic surgery repair, and functional reconstruction. Typical scenarios include: the injury was not stabilized during the initial treatment, and the doctor estimated the need for secondary surgery but did not provide a written proof; the victim worried that "if the insurance company refuses to compensate this time, it will be difficult to claim later", so they wanted to claim all at once; the judicial appraisal only assessed the disability but did not evaluate the follow-up treatment costs; and the perpetrator refused to compensate for the follow-up costs on the grounds that "they haven't actually occurred". Many victims are unable to provide sufficient evidence, and the first-instance court told them to claim the secondary surgery costs separately, adding to their litigation burden. The core of such problems lies in the proof of "inevitable occurrence + fixed costs". For cases involving disability appraisal, the following can be considered:Labor arbitration and work-related injury compensation servicesCoordinate and plan everything in an organized and efficient way to ensure that all tasks are completed on time and within budget.

II. Key points of dispute

There are three key points of contention. First, the standard of proof: for subsequent treatment costs, there must be a medical institution's certificate or a judicial appraisal confirming that they are "inevitable" and the amount is clear. Otherwise, the court will advise the plaintiff to file a separate claim. Second, the choice between lump-sum compensation and separate claims: claiming in one go can save litigation costs but has higher evidentiary requirements; claiming in stages is safer but requires additional litigation. Third, the basis for calculating the costs: it shall be based on the opinions of medical institutions, appraisal conclusions, or refer to local medical charging standards, and be related to the disability level, nursing period, and nutrition period. According to Article 6 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" (amended on February 15, 2022), the rules for subsequent treatment costs are clearly defined. For the calculation of compensation items, reference can be made to the above-mentioned provisions.Creditor-debtor relations and enforcement case servicesAdvance the implementation.

III. Professional analysis by Hengluo Lawyers

Based on practical observations in handling personal injury compensation cases, the failure to obtain advance payment for secondary surgery fees is often due to the lack of appraisal. Many victims only request a disability appraisal when filing their first lawsuit, but fail to apply for an assessment of subsequent treatment costs. The court typically allows them to claim the fees separately on the grounds that "they have not actually occurred and the amount is uncertain". According to Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (amended on February 15, 2022), Hengluo Lawyers usually recommend the following: commission a qualified appraisal institution to issue an opinion on subsequent treatment costs before the first lawsuit, or obtain a written necessity statement and cost estimate from the attending physician; include the secondary surgery fees in the compensation list together with the already incurred medical expenses, loss of income, and nursing care fees, so as to resolve the issue in one go. For cases involving disability and third-stage appraisals, a follow-up appraisal can be arranged accordingly.Legal services for personal injury and medical disputesProfessional evaluation.

IV. Practical suggestions and legal basis

The legal basis is Article 1179 of the Civil Code (effective January 1, 2021), which stipulates that the scope of compensation for personal injury includes reasonable expenses for treatment and rehabilitation, such as medical expenses and nursing fees; 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 February 15, 2022), which stipulates that medical expenses and follow-up treatment expenses shall be determined based on the actual amount incurred. Follow-up treatment expenses may be claimed separately after they are actually incurred, but those that are inevitable and certain may be compensated together. Practical suggestions: After the treatment stabilizes, conduct appraisals of disability and follow-up treatment expenses in a timely manner; obtain written certificates from medical institutions regarding the necessity and cost of secondary surgery; list evidence of follow-up expenses in the first lawsuit; if it is temporarily unclear, reserve the right to claim compensation separately after the actual expenses are incurred and keep the relevant evidence. For cases involving work-related injury identification and benefits, relevant provisions can be referred to.Labor arbitration and work-related injury compensation servicesClaims.

5. Henglu Law Firm's Advice

If you want to claim the cost of the second surgery in advance, evidence is a prerequisite. First, apply for an appraisal of the follow-up treatment costs or obtain a written certificate from the hospital before the end of the treatment, which must indicate that the costs will definitely occur and the amount is clear. Second, provide evidence of both the follow-up costs and the costs that have already occurred in the first claim to avoid the trouble of litigating twice. Third, if the costs cannot be determined at the moment, don't forcefully claim them. Instead, reserve the right to sue again after the actual costs are incurred and keep the receipts. Fourth, pay attention to the three-year statute of limitations and the time node of the end of the first treatment. If the claim is rejected due to insufficient evidence, you can sue again with new evidence after the actual costs are incurred. If you need a professional evaluation, you can seek help from a professional institution.Special services and other case servicesDevelop a compensation plan and implement the compensable items one by one.

VI. Frequently Asked Questions

Q1: If the second surgery fee is charged in advance, will the court support it?

The determination of whether to support this claim depends on whether you can prove that the expenses are inevitable and the amount is certain. 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 February 15, 2022), the right holder of compensation for subsequent treatment expenses may file a separate lawsuit after the expenses actually occur; however, if it is determined by medical certificates or appraisal conclusions that the expenses are inevitable, they can be compensated together with the already incurred medical expenses. If you have obtained a hospital's statement of necessity and cost estimate, or a judicial appraisal confirming the items and amount of the second surgery, the court will usually support the combined compensation; if it is only an oral estimate without written basis, the court will often advise you to claim separately. It is recommended to complete the appraisal of subsequent treatment expenses before suing and provide solid proof of "inevitability and certainty", rather than relying on the judge's discretionary judgment.

Q2: To claim the cost of the second surgery, what evidence do I need to prepare?

The core evidence includes: the medical records of the first treatment, the diagnosis certificates and discharge summaries (proving the injury and the treatment process), the written opinions of the medical institutions on the necessity of the second surgery and the cost estimation, the judicial appraisal opinions (including the assessment of the follow-up treatment costs), the invoices and lists of the medical expenses already incurred, and the accident liability determination or appraisal opinions proving the causal relationship between the injury and the infringement. The organization of the evidence revolves around "the inevitability of the second surgery - clear costs - and the connection with the current damage". If there are no appraisals or hospital certificates, the evidence will be weak and it is very likely to be rejected and the claim will have to be made again. Therefore, it is necessary to supplement the evidence of the follow-up treatment costs before the first lawsuit.

Q3: How much are the attorney's fees and litigation costs for a lawsuit regarding the cost of a second surgery?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the total amount of compensation claimed by you (including subsequent treatment fees), and shall be borne by the losing party. The higher the amount claimed, the higher the litigation fees will be. However, if the subsequent treatment fees can be claimed together, it will be more efficient and save the cost of further litigation. The attorney's fees shall be calculated on a per-case basis or based on a percentage of the litigation amount, subject to the terms of the retainer agreement, with no uniform standard. It is recommended to calculate the amount that can be supported and the cost ratio before suing, prioritize claiming the amount that is clear, and reserve the right to claim the amount that is not yet determined. This will help rationally control the cost of protecting one's rights.

Q4: How long does it usually take to resolve cases related to the cost of secondary surgery?

The appraisal and negotiation period: The appraisal of follow-up treatment costs usually takes several weeks, and mediation can proceed within a few months after the injury. After entering litigation, the first-instance ordinary procedure is concluded within six months and the simplified procedure within three months. For personal injury cases with clear facts, the simplified procedure is more suitable. If an appeal is made, the second-instance procedure generally takes three months. If the defendant refuses to pay after the judgment takes effect, an enforcement application must be filed. If the plaintiff fails to claim follow-up costs in the first litigation and sues separately after the actual payment, the overall period will be longer. It is recommended to provide evidence in the first litigation to avoid the burden of a second lawsuit. In the enforcement stage, an application for property preservation can be made to shorten the actual time of obtaining compensation.

Q5: I want to request the second surgery fee in advance. What should I do specifically in the first step?

Here are the four steps recommended: 1. After the treatment stabilizes, obtain a written certificate from the original hospital confirming the necessity of secondary surgery and estimating the costs, or commission a judicial appraisal agency to assess the subsequent treatment fees. 2. Organize all medical records, receipts, and liability assessments from the initial treatment to prove the causality of the damages and the actual costs incurred. 3. Include the subsequent treatment fees, along with medical expenses, loss of income, and nursing care costs, in the compensation list and provide sufficient evidence during the initial litigation. 4. If the costs cannot be determined at the moment, do not force claims and reserve the right to sue separately with new receipts after the actual expenses are incurred. Throughout the process, pay attention to statutes of limitations and evidence preservation. If necessary, hire a lawyer to assist with appraisals and litigation to ensure that no compensable items are overlooked.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Hengluo Lawyers about specific 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 limit. →Personal injury legal services·Beijing Henglu 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. In the event of a dispute, please consult a practicing lawyer promptly.