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They wont pay for surgery

I had an accident in 2021. I am getting close to settling my claim and my solicitors sent a schedule of my losses to the other side with a list of what I am claiming. I was advised to claim the costs of private surgery for a hip replacement and future hip surgery which the surgeon acting for me has said will be required over the next few decades. The other side has sent us a “counter schedule” not offering to pay anything for this surgery as they say that due to medical advances, the hip revisions will not be required and also I could have the surgery on the NHS. What is the correct position please?

JC, Gravesend



It is speculation to suggest what might happen in terms of medical advances over coming decades. Cases are settled on the basis of medical thinking and skills, practice and procedure at the time. I suggest you ask your solicitor to write to the orthopaedic surgeon in your case setting out what the defendant is arguing and asking for his/her opinion. The surgeon will confirm that the current body of medical opinion is that the surgery is required and that the revisions will be required at the intervals (10 to 15 years is commonly stated by surgeons) detailed in his/her report. Regarding the NHS point, you are entitled to the private costs of surgery and this is the law. The Defendant often argues this point without success.

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