Relatives can't sue medics for distress, court says

Esmee Polmear died aged six from the effects of pulmonary veno-occlusive disease

Families cannot seek damages for the psychological impact of seeing a loved one die in cases of potential medical negligence, a court has ruled.

It comes after the Supreme Court decided three families did not have a case after witnessing the traumatic loss of relatives led them to sue for damages.

The court was told claimants had said suffered "psychiatric illnesses" that were triggered by a relative's death and their subsequent treatment.

But judges ruled six to one in favour of dismissing the families' appeal.

Each family alleged the traumatic deaths were caused by doctors failing to diagnose and treat a life-threatening condition.

But in May, the Court of Appeal dismissed claims, which were brought against the Royal Wolverhampton NHS Trust, the Royal Cornwall Hospitals NHS Trust and an individual, Dr Mahmud Ahmed.

Judges stated that while witnessing a loved one's death would likely be a disturbing event, it was not the role of doctors to try to prevent family members having such a reaction.

The Supreme Court has ruled against the three families

One case was brought by the daughters of Parminder Singh Paul, who died after suffering a cardiac arrest in the street in 2014.

His daughters, then aged nine and 12, had witnessed the event and saw paramedics in Wolverhampton performing CPR on their father.

Another case was brought by Lynette and Mark Polmear, the parents of Esmee Polmear, who died aged six from the effects of pulmonary veno-occlusive disease.

Both parents, who were diagnosed with post-traumatic stress disorder and depression, took legal action against the Royal Cornwall Hospitals NHS Trust after witnessing her death, in July 2015.

The trust had previously admitted doctors should have diagnosed Esmee's condition when she was taken to hospital with breathing difficulties, in December 2014.

Lynette and Mark Polmear, the parents of Esmee Polmear

A third case was launched against then Dudley-based Dr Mahmud Ahmed by Tara Purchase.

The mother of 20-year-old Evelyn Purchase, who died from severe pneumonia in April 2013, got a voicemail from her daughter as she was dying, after Dr Ahmed allegedly failed to diagnose the condition.

The judges said they were unable to accept that the responsibilities of a medical practitioner extended to protecting family members from the traumatic experience of witnessing a relative die.

"To impose such a responsibility on hospitals and doctors would go beyond what, in the current state of our society, is reasonably regarded as the nature and scope of their role," the judgement read.