Does Hardware Removal Surgery Add to Your Ankle Settlement?
An ankle surgery hardware removal settlement can include the cost of removal, but only when a doctor supports the need. Removal is not automatic after ankle fracture repair. Your records and your surgeon’s opinion decide whether a second surgery counts toward your claim.
Picture a fall on an icy step, a broken ankle, and a surgeon who secures it with plates and screws. Months later, the ankle still aches over the metal, and the insurer is already pushing for a final number.
Does Hardware Removal Surgery Add to Your Settlement?
It can, if your surgeon says you are likely to need it because of the fall injury. The cost then becomes a future medical expense in your claim.
Illinois juries look at future medical care that is reasonably certain to be needed. A doctor’s opinion usually carries that burden, not your own guess. A vague chance that you might want removal someday is weak. Our page on medical expenses in slip and fall cases explains how to document past and future costs.
Why Do Surgeons Remove Ankle Hardware?
Pain is the most common reason. Other reasons include infection, nerve irritation from scarring, a bone that did not heal, or an allergy to the implant.
Surgeons generally try to leave hardware in place so the bone can heal, and screws sunk below the bone surface usually cause no trouble. Some studies say routine removal after healing remains debated. That debate matters, because an insurer may call your surgery optional. Your doctor’s explanation of why you need it is your answer. This article is general information, not medical advice, so follow your own surgeon’s plan.
When Does Removal Count as a Future Medical Expense?
It counts when your records show a medical reason, such as pain over the hardware that has not responded to other care, and your surgeon recommends removal.
Doctors often try conservative care first, such as therapy and medication. Notes that document those attempts help. A letter or report from your surgeon that explains why removal is likely, what it involves, and what it may cost gives your lawyer something concrete to present. The provider’s billing office can often supply a cost estimate, which your lawyer can compare with what the insurer offers.
What if You Already Had the Hardware Removed?
Then the surgery is a past medical expense, and the bills and records prove it. You may also claim lost income and recovery limits.
Keep the operative report, hospital bills, and work notes. Also note how the second recovery affected daily life, such as weeks on crutches or a delayed return to a standing job. Our page on lost wages in slip and fall cases explains how to document time away from work.
Should You Settle Before Deciding on Removal?
Be careful. A settlement usually ends the claim for good, so a second surgery after you sign is generally your cost.
Removal often comes many months after the first surgery, once the bone has healed. That timing can collide with the filing deadline. Most Illinois injury claims must be filed within two years under 735 ILCS 5/13-202, and a future surgery should not be assumed to extend that deadline. At Slip & Fall Injury Lawyers, we review timing before you accept any offer. Our page on how long a slip and fall case takes explains the pacing.
Which Records Help Your Claim Most?
Records that tie your hardware to your pain and your surgeon’s opinion to your future care.
Gather the first operative report listing your implants, follow-up notes, and imaging showing healing. Ask the surgeon whether your symptoms come from the hardware, and ask for the answer in your chart. A clear note written at the time carries more weight than a recollection months later. Our page on evidence in slip and fall cases lists more.
Hardware Removal Settlement FAQs:
No. Many people keep their plates and screws for life. Follow your surgeon’s advice, not an insurer’s, and do not schedule or skip surgery because of a claim.
Yes, they often do. A clear surgeon’s opinion helps answer that.
There is no set amount. It depends on your surgeon’s costs, your recovery, and the strength of your records.
Do not assume so. Check your deadline with a lawyer early.
At Slip & Fall Injury Lawyers, we help you document future care before you settle. Our slip and fall lawsuit guide explains the process. Call 312-800-1534 or contact us online for a free consultation.
Legally Reviewed By
Attorney Jonathan Rosenfeld
The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC, a Chicago-based personal injury law firm. With decades of experience representing individuals injured in slip and fall accidents and other premises liability cases throughout Chicago, Mr. Rosenfeld is dedicated to protecting the rights of injury victims and helping them pursue the maximum compensation available under the law. His extensive legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.