Ellie Ann Wilson wants to sue Mackay Hospital and Health Service for negligence over the death of her sister 22 years ago

Baby Kate was two years old when she died in her home as her parents and paramedics tried to save her life.

Mackay Base Hospital. Picture: Tony Martin

A woman diagnosed with post traumatic stress disorder after watching her sister’s horrific death 22 years ago has described having debilitating panic attacks and flashbacks weekly and sometimes daily.

Ellie Ann Wilson was about 3.5 years old when she saw her sister Baby Kate die in her home as her parents and paramedics tried to save her life on February 27, 1999.

Baby Kate, 2, died about four hours after she was sent home from the hospital and her mother advised to give her gastrolyte.

Ms Wilson claims she saw her sister vomit blood, fit and vomit brown liquid from her mouth and nose at the same time before she died.

She wants to sue Mackay Hospital and Health Service alleging it is responsible for her post traumatic stress disorder, which is impacting her ability to work full-time.

The period of limitation ended in 2016, but on Wednesday she applied to Mackay Supreme Court to have that time frame extended.

However Mackay Base Hospital lawyers have tried to quash a potential negligence case, arguing Ms Wilson failed to meet any of the elements for this application.

Ms Wilson, who is a part-time drama teacher, was questioned as part of her application.

She told the court by the end of year 12 she was “experiencing panic attacks and just heightened stress constantly” and while studying a bachelor’s degree she was experiencing panic attacks that turned into flashbacks of that day.

The court heard Ms Wilson has spoken to both psychologists and a psychiatrist about her symptoms, which had been linked to her sister’s death.

It was not until 2020 she was diagnosed with post traumatic stress disorder and told she should not try to hold down full-time work.

The court heard Ms Wilson’s parents had also lodged a negligence case against the hospital and sued for damages for post traumatic stress disorder and that she had been aware of this.

Barrister Cate Heyworth-Smith argued Ms Wilson had all the information to be able to seek legal advice before the limitation expired.

Ms Heyworth-Smith also argued the coroner made no adverse finding against the doctor who treated Kate and it would be distressing for him to have to relive the case again, and that there was no evidence about the actual cause of death.

The court heard a doctor who has since died opined Kate “probably would have survived” had she been admitted to hospital and received appropriate treatment, but there were arguments over whether or not his evidence was admissible since he was no longer alive.

Mackay silk Paddy Cullinane, for Ms Wilson, said his client was an intelligent, high functioning individual and her PTSD symptoms did not impact her ability to study full-time.

“What was there to compel her to specifically ask a health professional, if what I’m going through is going to impact my ability to work in the future on a full-time basis’?” Mr Cullinane said.

Mr Cullinane said his client had raised her intention to work full time in 2020 and stemming from that she was told her psychological injury would impact her ability.

Justice Graeme Crow reserved his decision.