A 20-year-old daughter won a lawsuit against her mother’s GP, claiming wrongful birth due to improper advice before conception.
Lately, a young man named Evie Toombes, who is just 20 years old, has successfully sued her mother’s general practitioner (GP) for millions of pounds.
The case focuses on the medical advice Evie’s mother received before her birth.
It raises important questions about the roles of doctors and parental decisions.
The daughter was diagnosed with spina bifida
Evie Toombes was born with spina bifida, a condition affecting the spine.
It occurs when a baby’s spine and spinal cord don’t form correctly in the womb, causing physical difficulties.
As a result of her condition, Evie has faced many difficulties throughout her life, including mobility issues and reliance on medical support devices.
Despite these challenges, she has shown incredible strength and resilience.
Evie is a para-showjumper, actively competing in horse-jumping events alongside able-bodied riders.
Why did the daughter sue her mother’s GP?
The legal battle started when Evie claimed her mother’s GP, Dr. Philip Mitchell, didn’t give important advice.
She argued that the doctor failed to explain the need for taking folic acid before and during pregnancy.
Folic acid is known to help prevent neural tube defects like spina bifida.
Evie argued that if her mother had been properly advised to take this supplement, she might have chosen to delay her pregnancy or could have had a healthier baby.
During the trial, Evie’s lawyer, Susan Rodway, emphasized how significant the decision to start a family was.
She explained that it was especially important for Evie’s mother, who had lost her own parents at a young age.
Her mother had sought advice from Dr. Mitchell because she wanted to ensure everything was fine before conceiving.
However, during their consultation, Dr. Mitchell told her that taking folic acid was not necessary.
“My mum specifically went to advice before conceiving because she was coming off the pill and wanted to make sure everything was OK.
“She didn’t have a family of her own – usually you’d probably go to your mum – she didn’t have her mum to go to so just wanted to talk to the GP and find out if everything was OK,” Evie said.
This advice turned out to be incorrect and has had lasting implications for Evie’s life.
The court heard testimonies about the consultation between Evie’s mother and Dr. Mitchell.
Evie’s mother believed she was following the right steps to have a healthy pregnancy but felt misled by the doctor’s advice.
She recalled that Dr. Mitchell assured her she would not need to take folic acid supplements if she maintained a good diet.
Evie’s legal team argued that the misinformation from her mother’s GP was a key factor in her health problems.
They claimed that this incorrect advice significantly impacted Evie’s physical condition.
20-year-old daughter wins lawsuit against mom’s GP for allowing her to be born
The judge in the case ruled in favor of Evie, stating that Dr. Mitchell did not provide the correct advice regarding folic acid.
The judge emphasized that had Evie’s mother received the right information, she likely would have postponed her attempts to conceive.
This landmark ruling establishes a major precedent in medical law.
“Then what transpired when I was born, and my mum was looking to have a second child and make sure if there was anything she could do to prevent it again, [was] that she should have been told about folic acid,” she said.
After the lawsuit, Evie expressed her gratitude for the ruling.
She shared her hopes that it would help raise awareness about spina bifida and the importance of proper prenatal care.
She continues to advocate for individuals with disabilities and educates others about invisible illnesses.
Evie has also been involved in various charitable activities and has made appearances on television to share her story and insights.