Woman sues mom’s doctor for allowing her to be born

A woman who sued her mother’s doctor – claiming that she should never have been born – has won the right to millions in damages.

Evie Toombes, a star showjumper from the UK, launched the landmark “wrongful conception” case against her mother’s doctor as she was born with spina bifida.

The spinal defect means that Evie sometimes spends 24 hours a day connected to tubes, according to reports.

The 20-year-old took Dr Philip Mitchell to court over his failure to properly advise her mother while she was pregnant.

Evie Toombes claimed that if Dr Mitchell had told her mother she needed to take folic acid supplements to minimise the risk of spina bifida affecting her baby, she would have put off getting pregnant. This, in turn, would have meant that Evie would never have been born.

Judge Rosalind Coe QC backed Evie’s case in a landmark London High Court ruling last Wednesday, according to media reports.

The judge ruled 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.

The ruling was 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.  — ndtv.com

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