Can I claim the cost of surgery?

I had a bike accident two and half years ago. It is looking like my claim is not far from completion and my solicitor has sent my financial losses, past and future, to the other side’s legal team with a list of expenses. I was advised to claim for the private cost of wrist fusion surgery that my expert orthopaedic surgeon said I will need in the next ten years. The other side is disputing the cost of this surgery. They have said that medical advances over the next few years will mean that I don’t need the surgery and even if I do need it then I can have it through the NHS. Can I claim the private cost of surgery?

James, Cirencester

Answer

It is utter speculation for your opponent to say what might happen in terms of medical advances over the coming years. These cases are settled on the basis of current medical practice and procedure. You should ask your solicitor to write to your orthopaedic surgeon explaining what your opponent is arguing and asking for his or her opinion. The surgeon will hopefully confirm that the current body of medical opinion is that the wrist fusion surgery is required as detailed in his or her report. In relation to you having the surgery under the NHS, this is a common Defendant argument. The law is absolutely clear that you are entitled to the private costs of surgery and you should claim this.