[Direct answer]In the Beijing area, the cost of removing the steel plate (removing internal fixation) can usually be adjudicated together with the current compensation, without having to wait until it actually occurs and then sue separately. 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 and implemented on May 1, 2022), the subsequent treatment expenses can be sued separately after they actually occur, or the inevitable expenses can be compensated together with the medical certificate or appraisal conclusion. Removing internal fixation after fracture healing is a common and predictable secondary surgery in clinical practice. As long as the treating hospital issues a treatment plan and cost estimate, or it is confirmed by judicial appraisal, the court generally adjudicates and pays the compensation together in the first instance. It is recommended to include the cost of removing the steel plate in the claims when suing and attach the relevant proof. For more details, please refer to the relevant provisions.Personal injury and medical dispute services.

1. Problem background and typical scenarios

After open reduction and internal fixation for limb fractures, removing the steel plates and screws is a necessary step for most patients, with costs ranging from thousands to tens of thousands of yuan. Typical scenarios include: traffic accidents, falls from construction sites, and sports-related fractures requiring internal fixation. Patients worry that they will have to pay for the removal of the steel plates themselves first, making it difficult to claim compensation later; some mistakenly believe that they can only claim compensation after the steel plates are removed and the invoice is obtained, thus delaying the entire compensation process. In fact, the removal of internal fixation is a clearly defined subsequent step in the treatment plan, which is predictable and therefore falls within the scope of follow-up treatment costs that are allowed to be handled together according to judicial interpretations. For cases involving work-related injuries requiring steel plate removal, the relevant provisions can be referenced.Labor arbitration and work-related injury compensation servicesDetermine the compensation channel.

II. Key points of dispute

There are three key points of contention. First, predictability: Whether the removal of the steel plate is a necessary follow-up step in the original treatment plan. The surgical records and the attending physician's certificates are usually uncontested. Second, the determination of the amount: Can the hospital provide a clear cost estimate, or is an appraisal necessary? Third, the timing of concurrent claims: They should be raised before the conclusion of the debate in the first-instance court. If they are raised after the deadline, they may be diverted to separate litigation. In practice, the infringer often claims that "no compensation will be paid if the event does not occur", but according to the judicial interpretation, the costs that are certain to occur can be compensated concurrently, so this defense is difficult to succeed. For issues involving recovery and enforcement, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Lawyers

Based on practical observations in handling personal injury cases, the most reliable way to handle the cost of removing steel plates is to claim it at the first instance. If you only submit the cost of the first surgery and say orally that "the steel plates will be removed later", the court will generally advise you to claim it separately, and the victim will have to go through another round of litigation and spend more time and money. Henglue Law Firm usually recommends that when the injury situation is relatively stable and the treatment plan is clear, you should request the hospital to issue a written certificate stating "the elective removal of internal fixation devices is expected to cost approximately X yuan", or directly apply for an appraisal of the follow-up treatment costs. In this way, the cost of removing steel plates can be included in the claim together with the disability compensation and loss of income. This way, not only can the litigation burden be reduced, but also the risk caused by the changes in the other party's repayment ability can be avoided. Complex cases can be followed up accordingly.Special services and other case services.

IV. Practical suggestions and legal basis

The legal basis is Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021) (compensation for reasonable expenses of medical treatment and rehabilitation) and 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 and effective May 1, 2022) (follow-up treatment expenses can be compensated separately when they actually occur, or together with medical certificates and appraisal conclusions). Practical suggestions: Before suing, please ask the attending hospital to provide a treatment plan and cost estimate for the removal of internal fixation; if the amount is in doubt, apply for a judicial appraisal; include the cost of removing steel plates in the litigation request and attach evidence; and complete the claim before the end of the first-instance debate. For criminal incidental civil compensation cases, it can be combined with the above provisions.Criminal defense and criminal case filing servicesSubmit them together.

5. Henglu Law Firm's Reminder

Don't wait until the steel plates are removed before claiming compensation. If possible, the court will rule on the compensation together with the removal. The key point is evidence: the more specific the hospital's written plan is, the higher the probability of the court ruling on the compensation together with the removal. If the hospital is only willing to settle the account based on the actual situation at the time of removal, then consider fixing the compensation through appraisal. Pay attention to the timing of filing the lawsuit. Try to resolve the case in the first instance to avoid prolonging the litigation period through "additional litigation". At the same time, keep the quality certificates of internal fixation devices and surgical records. These are not only the basis for claiming compensation, but also materials for possible disputes over the quality of the steel plates. If you need to design a list of claims, you can use the following template as a reference:Special services and other case-related servicesOne claim at a time.

VI. Frequently Asked Questions

Q1: Will the court necessarily order the defendant to pay the cost of retrieving the steel plates? Are there any circumstances where the court might not make such an order?

It's not an absolute rule, but there's a high probability of support. According to Article 6 of the Judicial Interpretation, the subsequent treatment costs that are certain to occur can be compensated together. If the internal fixation is supported by surgical records and the attending physician's certificate, the court will generally order the compensation together. The common situations where compensation is not ordered include: the hospital failing to provide a treatment plan, the costs being completely uncertain, or the plaintiff first raising the claim after the conclusion of the first-instance debate. If the plaintiff only verbally states "I will need to remove it later" without any proof, the court will often advise them to raise the claim separately. Therefore, whether the compensation can be ordered together depends on whether you provided medical certificates or appraisals in the first instance to fix the costs.

Q2: If I want to claim the cost of removing the steel plate, what evidence do I need to prepare?

The core evidence includes: the initial surgery records and information on internal fixation devices (proving that they have been implanted and need to be removed at a later date), the treatment plan and cost estimate for internal fixation removal issued by the main treating hospital, outpatient medical records, and a judicial appraisal opinion (if an appraisal is conducted). Evidence of the original infringement liability, such as an accident liability determination or a disability appraisal opinion, should also be attached. The evidence should prove that "the removal of steel plates is inevitable and the amount can be determined". It is ideal for the hospital certificate to clarify the items and the approximate amount; if the amount is unclear, it can be supplemented by an appraisal. With all the materials in place, the success rate of obtaining compensation in one go is significantly higher.

Q3: How much does it cost to appraise and litigate the removal of steel plates?

The appraisal fee is for the evaluation of follow-up treatment costs in forensic medicine, which is charged according to regional and institutional standards. It is usually prepaid by the applicant and ultimately shared according to the liability ratio or the outcome of the lawsuit. The litigation fee is accumulated in stages according to the amount of the steel plate removal costs claimed in accordance with the "Measures for the Payment of Litigation Costs". The attorney's fee is calculated on a case-by-case basis or on a proportional basis, subject to the terms of the retainer agreement, with no standard pricing. If the hospital has already specified the fees, the appraisal fee can be waived; if the dispute is significant, the appraisal fee can often be recovered after winning the lawsuit. It is recommended to weigh the certainty of the fees and the cost of the appraisal before suing, and to choose the most economical path.

Q4: After the cost of removing the steel plates is determined in the court, how long does it usually take to receive the money?

It depends on the trial and execution of the main case. The ordinary procedure in the first instance is concluded within six months, and the simplified procedure is concluded within three months; after the judgment takes effect, the steel plate costs and the compensation already incurred will be entered into the execution process together, and the repayment will depend on the infringer's financial situation. If the infringer has purchased compulsory insurance or commercial third-party liability insurance, the insurance payout is usually faster. For cases where the infringer may transfer assets, you can apply for property preservation. Overall, for cases where the payment can be adjudicated in the first instance, it often takes several months from the filing of the lawsuit to the recovery of the funds; for complex cases or cases requiring enforcement, it may take more than a year. It is recommended to prepare execution clues simultaneously.

Q5: I want to claim compensation for the steel plates along with the removal costs. What should I do first specifically?

There are four steps to follow: First, ask the attending doctor to provide a written plan stating "The cost of removing the internal fixation is estimated to be approximately X yuan" and affix his/her stamp on it during the review. Second, verify whether the cost is clearly specified. If it is, use it directly as evidence; if not, apply for an appraisal of the follow-up treatment costs. Third, include the cost of removing the steel plate in the litigation claims and claim it together with other medical expenses, attaching the aforementioned proof. Fourth, if the cost could not be predicted during the first-instance trial, wait until the actual removal is completed, then use the receipts to file a separate lawsuit in accordance with the judicial interpretation. Throughout the process, keep the surgical records and equipment quality certificates. If necessary, hire a lawyer to organize a complete list of claims to avoid omissions.

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 current laws and regulations and publicly available 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.