We often come across surprising lawsuits that captivate our attention with their intriguing details. And this particular case is no exception. In a unique turn of events, a young woman from the UK decided to take legal action against her mother’s doctors, alleging negligence. What makes this case stand out is that the alleged negligence occurred before she was even born.
Meet Evie Toombes, a 20-year-old woman who recently won her case against Dr. Philip Mitchell on the grounds of ‘wrongful conception.’ Evie was born with a medical condition called spina bifida, which occurs when the spinal cord and spine fail to develop properly in the womb, resulting in a gap in that area.
Living with spina bifida has caused Evie to face lifelong challenges with her bladder, bowels, and legs. She relies on a wheelchair for mobility most of the time, and she has always felt that she deserved compensation for simply being born with this condition.
In an interview on the popular British chat show, This Morning, in 2022, Evie shared her story, saying, “Before conceiving, my mom sought advice because she was coming off the pill and wanted to ensure everything was okay. Since she didn’t have her own mother to turn to, she consulted the GP to find out if everything was alright.”
Evie explained that her mother asked the doctor if she needed to take folic acid, to which he replied that it wasn’t necessary. She further added, “However, when I was born, and my mom was looking to have another child while taking precautions, we discovered that she should have been informed about the benefits of folic acid.”
Folic acid is known to reduce the risk of spina bifida. According to the arguments presented in court, had the mother received proper advice on folic acid, she would have likely delayed her attempts to conceive. The lawyer representing Evie stated, “Starting a family was an incredibly significant decision for her mother, particularly because she had lost her own parents at a young age. They had refrained from having sexual intercourse until after seeking advice during this consultation.”
The doctor’s lawyer, on the other hand, argued that he had provided reasonable advice to the mother. However, the court ruled in favor of Evie, stating that the mother was “not advised in accordance with the guidance to take folic acid prior to conception and for the first 12 weeks of pregnancy.”
The judge clarified, “Had she been provided with the correct recommended advice, she would have delayed attempts to conceive. I therefore find that the claimant’s claim succeeds on liability.”
This groundbreaking legal case serves as a reminder of the importance of proper medical guidance before and during pregnancy. It sheds light on the potential consequences of inadequate information and highlights the significance of taking preventive measures for the well-being of both mother and child.
