29Medical examinations

#### 29 Medical examinations 29 Medical examinations > > (1) An original defendant who requires the plaintiff to attend for a medical examination in connection with the plaintiff’s claim must notify the plaintiff of that requirement within— > > > > > (a) 10 business days for malignant claims involving only one defendant, or > > > > > (b) 20 business days for malignant claims involving more than one defendant, or > > > > > (c) 30 business days for non-malignant claims involving only one defendant, or > > > > > (d) 50 business days for non-malignant claims involving more than one defendant, > > > > after service of the plaintiff’s statement of particulars on the last of the original defendants. > > > (2) Any medical examination of the plaintiff that an original defendant requires must take place within— > > > > > (a) 20 business days for malignant claims involving only one defendant, or > > > > > (b) 30 business days for malignant claims involving more than one defendant, or > > > > > (c) 40 business days for non-malignant claims involving only one defendant, or > > > > > (d) 60 business days for non-malignant claims involving more than one defendant, > > > > after service of the plaintiff’s statement of particulars on the last of the original defendants. > > > (3) The period within which a medical examination is required to take place under subclause (2) may be varied by agreement between all the parties to the claim. Any variation has no effect on the running of any other time period for the purposes of the claims resolution process. > > > (4) If more than one original defendant requires the plaintiff to attend for a medical examination in connection with the plaintiff’s claim, the plaintiff is entitled to choose to have those medical examinations conducted as a joint examination (with one examination on one occasion by the medical practitioners concerned) as an alternative to attending each examination separately. > > > (5) Subclause (4) does not apply to a medical examination required by a defendant if the defendant objects to the examination being conducted as part of a joint examination of the plaintiff. > > > (6) An original defendant who obtains a report of the results of a medical examination of the plaintiff must on request by any cross-defendant provide the report to the cross-defendant. > > > > Note. > > > > Once a claim is no longer subject to the claims resolution process, a cross-defendant can seek the leave of the Tribunal under rules of court to attend for a medical examination.