Evie Toombes, a 20-year-old lady who sued her mother’s general practitioner claiming that she should never have been born. Evie Toombes recently wins millions in damages in a landmark decision. Toombes is a Lincolnshire-based para-showjumper who has had spina bifida since birth. Because the spine does not grow properly in the womb, the patient develops a gap in the spine.
Evie filed a “wrongful conception” lawsuit against her mother’s doctor, claiming that Dr. Philip Mitchell failed to supply her necessary nutrients, causing her condition. She alleges Philip failed to inform her about the importance of taking folic acid while pregnant.
Caroline, Evie’s mother, would have avoided her attempts to conceive if she received the necessary counsel, Judge Rosalind Coe QC decided. Following that, a later conception would have resulted in a normal healthy child.
Evie Toombes wins against her mom’s doctor
“In the circumstances, I find that Mrs. Toombes was not pregnant at the time of the consultation with Dr. Mitchell,” she said in her judgment.
“She was not advised in accordance with the guidance to take folic acid prior to conception and for the first 12 weeks of pregnancy.”
‘In the circumstances, there would have been a later conception, which would have resulted in a normal healthy child. I, therefore, find that the claimant’s claim succeeds on liability,” she added.
Dr. Philip Mitchell denies any wrongdoing and claims to have provided Caroline with “reasonable advice.”
Her mother said, ”He told me it was not necessary. I was advised that if I had a good diet previously, I would not have to take folic acid.”
Because of her condition, Evie Toombes had to spend days hooked up to tubes for up to 24 hours a day.
Despite her disability, Evie has developed a showjumping career, competing against both disabled and able-bodied riders.
