Ellie Ann Wilson wants to sue Mackay Base Hospital over her sister’s death 22 years ago

A woman wants to launch a negligence case against Mackay Base Hospital after watching her sister die 22 years ago.

A Mackay woman is suing Mackay Hospital and Health Service claim it is responsible for her alleged post traumatic stress disorder after witnessing the horrific death of her younger sister 22 years ago.

A woman is trying to sue Mackay Base Hospital for negligence after witnessing the horrific death of her baby sister 22 years ago.

Baby Kate was barely two years old when she died in February 1999, hours after she was sent home from the hospital.

Ellie Ann Wilson was about 3.5 years old when she saw baby Kate die inside her home as her parents and paramedics tried to save her sister’s life.

Now 25, she blames Mackay Hospital and Health Service for her alleged post-traumatic stress disorder that she claims “was caused by the negligence of the hospital” and is suing for an unknown amount.

Ms Wilson has made an application to the supreme court to extend the period of limitation to sue for damages over “personal injuries arising from the negligence” of MHHS.

Documents filed in the supreme court state baby Kate had been vomiting and could not hold down solids or fluids for about a day and a half when her mother took her to the hospital on the morning of February 27, 1999.

The documents state Kate had not experienced diarrhoea before going to the hospital and that her mother gave details of her symptoms to hospital staff.

Mackay Base Hospital. Picture: Tony Martin

The two year old was diagnosed with “suffering from a vomiting illness linked to mild dehydration” – she was not admitted to hospital, but instead sent home and her mother advised to “give her gastrolyte”.

At home the child continued to have difficulty holding down fluids including breast milk, gastrolyte and water and shortly before midday she vomited up some spots of blood, which was witnessed by Ms Wilson, the documents state.

Shortly afterwards baby Kate started to fit and then began vomiting a brown liquid, which was “coming out of her mouth and nose at the same time” – this was also witnessed by Ms Wilson, the documents state.

When her pulse appeared to have stopped her parents began CRP, mouth to mouth resuscitation and cardiac massage until paramedics arrived and took over. All attempts to revive her failed. She was taken to hospital and declared dead.

The claim alleges it was reasonably foreseeable that any negligence in baby Kate’s treatment at the hospital could result in Ms Wilson sustaining nervous shock after her younger sister “sustained serious complications from dehydration in her presence”.

Ms Wilson alleged MHHS failed in a number of ways including “failing to take all reasonable and necessary steps” to ascertain the child was suffering from an electrolyte imbalance and required urgent medical attention like performing thorough checks.

“Advising the mother to treat the child with oral fluids in circumstances where the history of symptoms provided by the mother … indicated that it was highly unlikely that the child would be capable of holding down such oral fluids,” the document said.

“Failing to detect that baby Kate was suffering from a severe electrolyte imbalance such that there was substantial risk that she could become seriously ill or even die if allowed to return home without appropriate treatment.”

Ms Wilson claims she has endured and will endure panic attacks, depression, pain, suffering, inconvenience, and loss of enjoyment of life. She has also alleged it has impaired her earning capacity and she has needed and will need care and assistance.

Mackay Hospital and Health Service was contacted for comment.

MHHS chief executive Lisa Davies Jones said it was “inappropriate to provide and comment on this matter as it is subject to legal proceedings”.

The application regarding the limitation argument is listed for later this month.

Originally published as Ellie Ann Wilson wants to sue Mackay Base Hospital over her sister’s death 22 years ago