Civil Liability Regulation 2025
sch.4-sec.9Refusal of treatment
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sch.4-sec.9 Refusal of treatment
This section applies if an injured person refuses treatment that could lead to a significant improvement in the level of permanent impairment caused by a mental disorder of the injured person. Despite the injured person’s refusal of treatment, a medical expert may assess a PIRS rating for the mental disorder of the injured person. The refusal of treatment must not affect the medical expert’s assessment of the PIRS rating. The medical expert must note the refusal of treatment in the PIRS report and state in the report the likely effect of treatment and any reasons known to the medical expert for the refusal of treatment. Subsection (6) applies if a PIRS report given to a court states that the injured person refuses treatment that could lead to a significant improvement in the level of permanent impairment caused by the mental disorder of the injured person. The court may, in assessing the ISV for an injury or multiple injuries of the injured person, take into account the refusal of treatment and the matters stated in the PIRS report under subsection (4) . In this section— PIRS report means a report under section 12 . (sch.4-sec.9-ssec.1) This section applies if an injured person refuses treatment that could lead to a significant improvement in the level of permanent impairment caused by a mental disorder of the injured person. (sch.4-sec.9-ssec.2) Despite the injured person’s refusal of treatment, a medical expert may assess a PIRS rating for the mental disorder of the injured person. (sch.4-sec.9-ssec.3) The refusal of treatment must not affect the medical expert’s assessment of the PIRS rating. (sch.4-sec.9-ssec.4) The medical expert must note the refusal of treatment in the PIRS report and state in the report the likely effect of treatment and any reasons known to the medical expert for the refusal of treatment. (sch.4-sec.9-ssec.5) Subsection (6) applies if a PIRS report given to a court states that the injured person refuses treatment that could lead to a significant improvement in the level of permanent impairment caused by the mental disorder of the injured person. (sch.4-sec.9-ssec.6) The court may, in assessing the ISV for an injury or multiple injuries of the injured person, take into account the refusal of treatment and the matters stated in the PIRS report under subsection (4) . (sch.4-sec.9-ssec.7) In this section— PIRS report means a report under section 12 .