Factitious disorder and liability

Some people deliberately fabricate illness or injury because they want to adopt the sick role. They have what was called ‘Munchausen’s Syndrome’ and is now called Factitious Disorder Imposed on Self (FDIS). People with FDIS not only harm themselves, they also cause harm to others, especially by diverting scarce health care resources away from those who need them. Should they be held criminally liable for the harm they do to others? The answer depends partly on whether criminalizing factitious behavior would deter people with FDIS, or whether it would have acceptable administrative costs and effects on the relationship with health care providers. My focus, however, will be on whether factitious behavior is blameworthy. I show that FDIS cannot be excused as a form of insanity, ignorance, addiction, or compulsion. At the least, it would be reasonable to hold people responsible for factitious behaviour harmful to others.

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Publication Details

Journal
Bioethics News
Published
2026-02-05
DOI
https://doi.org/10.1007/s40592-026-00281-6
Primary Topic
Child Abuse and Related Trauma
Type
article
Field-Weighted Citation Impact
0.00
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article

Factitious disorder and liability

T. M. Wilkinson
Bioethics News
Child Abuse and Related Trauma
article

Factitious disorder and liability

T. M. Wilkinson
article en

Abstract

Some people deliberately fabricate illness or injury because they want to adopt the sick role. They have what was called ‘Munchausen’s Syndrome’ and is now called Factitious Disorder Imposed on Self (FDIS). People with FDIS not only harm themselves, they also cause harm to others, especially by diverting scarce health care resources away from those who need them. Should they be held criminally liable for the harm they do to others? The answer depends partly on whether criminalizing factitious behavior would deter people with FDIS, or whether it would have acceptable administrative costs and effects on the relationship with health care providers. My focus, however, will be on whether factitious behavior is blameworthy. I show that FDIS cannot be excused as a form of insanity, ignorance, addiction, or compulsion. At the least, it would be reasonable to hold people responsible for factitious behaviour harmful to others.

Bioethics News
University of Auckland (NZ)
Peace, Justice and strong institutions
Openalex Percentile: Top 65%
Child Abuse and Related Trauma
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