20 years old, Girl named Evie Toombes sued her mother’s doctor – claiming that she should never have been born. She even won the case and the right to millions in damages.
Evie Toombes is a star showjumper who lives in the UK, has filed the landmark “wrongful conception” case against her mother’s doctor as she was born with a disease called spina bifida. The spinal defect means that Evie sometimes has to spend 24 hours a day connected to tubes. The 20-year-old took Dr. Philip Mitchell to court because of his failure to properly advise her mother while she was pregnant.
Evie Toombes claims that if Dr. Mitchell had told her mother she needed to take folic acid supplements to minimize the risk of spina bifida affecting her baby, she would have put off getting pregnant. This would have meant that Evie would never have been born. The judge made the statement that had Evie’s mother been “provided with the correct recommended advice, she would have delayed attempts to conceive.”
“In the circumstances, there would have been a later conception, which would have resulted in a normal healthy child,” she said, awarding Evie Toombes the right to a huge payout. Evie’s lawyers have said that the exact sum has not been calculated, but would likely be a big number as it would need to cover the cost of her lifelong care needs.
But despite discussing folic acid during the appointment, Caroline claimed she was not told by Dr. Mitchell of its importance in spina bifida prevention.
She told the judge that the doctor had told her to go home and have “lots of sex”, which she found “somewhat blunt”.
Mrs. Rodway said that, had Caroline been properly advised by Dr. Mitchell, she would not have gone on to conceive as quickly as she did. She would have paused her pregnancy plans, started a course of folic acid treatment, and then attempted to conceive, she claims. Evie Toombes’ mother had earlier told the court that had Dr. Mitchell advised her correctly, she would have put off her plans of getting pregnant. “I was advised that if I had a good diet previously, I would not have to take folic acid,” she told the judge.
The ruling is considered to be a ground-breaking one because it means a healthcare professional can be held liable for improper pre-conception advice if it results in the birth of a baby with serious health conditions.
Written by Shivangi Chawla