Mom Sues Hospital After 7-Month-Old Daughter Allegedly Died Following 9-Hour Wait

A mom is suing a hospital, alleging negligence after her infant allegedly died following a nine-hour wait.

Melissa Nowland is taking legal action against the Northern Territory government and Royal Darwin Hospital following the March 2022 death of her daughter Lexie Mae Nowland, according to a writ obtained by PEOPLE. The Australian Broadcasting Corporation was the first to report the news.

Lexie, who had multiple heart surgeries at the Royal Children’s Hospital in Melbourne in the past, was transferred to the hospital in Northern Territory for inpatient management of her congenital heart condition in January 2022, per the document.

After a four-day stay, the child was discharged, but she was then readmitted in March to have her feeding tube transitioned. During that time, Lexie was also treated for vomiting, fever and agitation by the hospital’s emergency department, according to the writ.

Lexie had a review scheduled for the following morning after she was discharged for that visit, but when Melissa called the hospital with concern about her daughter’s health that night, she claimed she was advised to just arrive for Lexie’s review early the next morning, per the document.

The following day, however, the writ alleged that Lexi “did not undergo clinical review by a pediatric consultant until” hours later, and the infant suffered a cardiac arrest during that time.

Lexie was resuscitated, but she then suffered another cardiac arrest hours later. Lexi was eventually pronounced dead that night. According to Australian crowdfunding website MyCause, Lexie died of sepsis meningitis.

Melissa is now suing the government on behalf of herself, the baby’s father and her two sisters, alleging that the hospital failed to “properly assess, treat and manage” Lexie’s condition and provide aid for “suspected sepsis, dehydration/fluid and electrolyte disturbance.”

The treatment that was given, the mother further alleged, “fell below a reasonable standard of care.”

In a statement to PEOPLE, a Northern Territory Health spokesperson said, “As this matter is part of legal proceedings, NT Health is unable to provide comment.”

The writ claims that “the defendant’s negligence caused or materially contributed to the deceased’s death.”

“By reason of the defendant’s negligence, the plaintiff has suffered nervous shock and has and will continue to suffer injury, loss and damage, including psychiatric injury,” the document continues.

Melissa also alleged that the hospital “failed to appreciate” her daughter was “at risk of acute deterioration,” failed to advise her to visit the emergency department ahead of her death and failed “to [recognize] the parental concern in respect of [her] condition.”

She is suing for damages for psychiatric injury, compensation and burial costs.