Mackay Base Hospital appeals decision in negligence case over baby’s death 22 years ago
A young teacher trying to sue Mackay Base Hospital after watching her baby sister die 22 years ago has hit another roadblock.
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A young part-time teacher trying to sue Mackay Base Hospital for negligence after watching her baby sister die 22 years ago has hit another hurdle as the hospital pushes for the case to be dismissed.
Ellie Ann Wilson has since been diagnosed with post traumatic stress disorder and told it would impact her ability to work full time.
She was about 3.5 years old when she saw her sister Kate, 2, die in her home at Mackay on February 27, 1999 as her parents and paramedics tried to save her life four hours after she was sent home from the hospital.
Ms Wilson, 23, 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 Services for negligence over her PTSD, however the statute of limitations ended in August 2016 when Ms Wilson turned 21 years old.
Ms Wilson successfully applied to the supreme court to extend the statute of limitations allowing her to make a claim against the hospital.
However MHHS has appealed Justice Graeme Crow’s decision handed down in July, who found it was appropriate for the court to exercise its decision and extend the limitation period.
MHHS has argued Justice Crow erred in his findings and claimed Ms Wilson had enough information to have been able to ascertain the seriousness of any injury at a much earlier stage than she did.
The hospital also argued Ms Wilson was not eligible for Justice Crow to exercise his discretion to extend the limitation period and that his honour failed to did not correctly consider “the relevance of prejudice” on whether MHHS “can obtain a fair trial”.
MHHS has called for Justice Crow’s orders to be set aside and the case be dismissed or re-heard.
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Originally published as Mackay Base Hospital appeals decision in negligence case over baby’s death 22 years ago
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