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ABC News
ABC News
Health
Frances Bell

Toddler went to hospital to be treated for burns, left with severe disability, lawsuit alleges

Sunday Mabior was just 16 months old when she was taken to hospital after being scalded by hot water — but instead of getting better, she ended up in a "life and death struggle" that left her with a severe disability, a Perth court has heard.

Now, Sunday's family — who came to Australia as refugees from Sudan — is suing Perth's major children's hospital after their daughter developed cerebral palsy following her treatment for burns more than a decade ago.

Sunday was scalded by hot water from a bath tap in an accident at her family home in Marangaroo, in Perth's north, in December 2005.

She was taken to Princess Margaret Hospital (PMH) where she was treated for burns to about 20 per cent of her body.

However, her condition deteriorated over the next couple of days, with the girl experiencing a dangerously high temperature and heart rate.

Barrister Theo Lampropoulos, who is representing the Mabior family, told the District Court that PMH staff repeatedly adjusted Sunday's fluid intake but did not consider any alternative treatments — even when her condition did not improve.

"They were obsessed by fluid overload only," Mr Lampropoulos said.

"She was obviously in respiratory distress.

"There was no indication [PMH staff] appreciated the immediacy of the situation.

"By the time she was in the intensive care unit, she was in a life and death struggle."

Sunday ultimately suffered two heart attacks, possibly brought on by sepsis — a common complication resulting from burns.

Now, at age 13, she is severely disabled and uses a wheelchair and crutches to get around.

But lawyers representing the Child and Adolescent Health Service are arguing there is not enough evidence to suggest Sunday ever had sepsis.

They claim even if antibiotics had been administered early in Sunday's treatment, it would not have made a difference to her ultimate condition.

The court is expected to hear from a number of expert witnesses throughout the trial.

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