Moral injury – often, but not always, accompanied by psychological injury or illness – was first identified in Vietnam veteran populations.Increasingly recognised as a cause of suicide and suicidality, moral injury involves a betrayal of professional or personal ethics or belief systems and is increasingly identified in non-military professional populations including health, legal, and public sector.

To date, potential claims for moral injury – particularly independent of diagnosed psychiatric illness – have not beenconsidered in negligence.

This paper challenges the assumption that such claims must automatically fail at the duty stage, instead arguing that they may fall within the recognised scope of the employer's duty of care, and considers normative arguments which may support their recognition, notwithstanding that they may ultimately fail to satisfy the requirements of causation.

Associate Professor Wendy Bonython teaches and researches in tort and medical law, including mental health law.

 CONTENT WARNING

This episode discusses mental health issues, including suicide.