Refusing treatment

#1
A while ago I read in someone's FMed 4 a line something like "making himself unfit for service in contravention of QR XXXX by refusing treatment".

I can't remember what the reference was and have had a quick look at AGAI/QRs on the electronic library but am none the wiser.

Does anyone have a reference they can point out to me?
 
#2
I have been out for a while, but basically if by refusing treatment you make yourself unfit for duty you could be charged with maligering.

An example could be: you are suffering from a skin desease which you refused to have treated, the result of which you could not carry your bergan and thus do your duty, you could be charged.

A more obvious one might be refusing dental care and then you suffer from severe toothache and thus unable to do your duties, again you might be charged.
 
#3
Thanks tiger, yes I know this that is why I would like a reference. I know there is one out there! It's actually a dental issue we are pursuing and looking at a downgrade but that's by the by.
 
#4
The section below is from the Armed Forces Act 2006, Part 1
16 Malingering
(1) A person subject to service law commits an offence if, to avoid service—
(a) he pretends to have an injury;
(b) by any act he causes himself an injury;
(c) by any act or omission he aggravates or prolongs any injury of his; or
(d) he causes another person to injure him.
(2) A person subject to service law commits an offence if, at the request of another
person subject to service law (“B”) and with the intention of enabling B to avoid
service—
(a) by any act he causes B an injury; or
(b) by any act or omission he aggravates or prolongs any injury of B.
(3) In this section—
“injury” includes any disease and any impairment of a person’s physical
or mental condition, and the reference to injuring is to be read
accordingly;
“service” includes any particular duty or kind of duty.
(4) A person guilty of an offence under this section is liable to any punishment
mentioned in the Table in section 164, but any sentence of imprisonment
imposed in respect of the offence must not exceed two years.
Refusing treatment would come under 1c, but there would be some burden of proof upon you. You would need to demonstrate that the treatment was essential, and that other viable options had been explored. You may also find that the patient has a phobia of dentists or dental treatment which you have failed to allow for.

I have heard of people being threatened with being charged with malingering for refusing dental treatment before, but have not heard of any successful cases. Maybe the threat was enough.
 

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