Can I claim future medical costs?
I had an accident in 2020. I am getting towards settling my case and my solicitors sent a statement of financial loss to the other side’s solicitors with a list of the money I am claiming. I was advised to claim the costs of private surgery for a hip replacement and revision surgery which the surgeon acting for me has said will be required over the next few decades. The other side’s solicitors have sent us a “counter schedule” not offering to pay anything for this surgery as they say that due to likely medical advances the hip revisions will not be required and anyway I could have the surgery on the NHS. What is the position please?
Ned, Salisbury
Answer
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 of the day. I recommend that you ask your solicitor to write to the orthopaedic surgeon instructed 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 law set in statute. The Defendant often argues this point without success.
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