Woman who sued mom’s doctor for allowing her to be born wins millions in compensation

A UK court ruled in favor of a woman who sued her mother’s doctor for wrongful conception.

Evie Toombes, a 20-year old showjumper, took Dr. Phillip Mitchell to court for “wrongful conception”, and is going home with millions. Toombes suffers from spina bifida, which renders her immobile, sometimes for up to 24 hours, when she is hooked up to tubes.

Toombes alleged that Mitchell didn’t advise her mother to take folic acid, which reduces the risk of spina bifida, before getting pregnant. She claims that if he had, her mother would have put off getting pregnant and, thus, she wouldn’t have been born.

Susan Rodway, QC, Toombes’ barrister, said Toombes’ mother went to see Mitchell in 2001 and spoke to him about becoming pregnant and asked about taking folic acid beforehand. He allegedly didn’t tell her folic acid’s importance in preventing the disease. The parents said they were waiting to start their family until after they received the medical consultation.

Judge Rosalind Coe QC, who oversaw the case in the London High Court, ruled in her favor. The amount she will receive has yet to be determined, but will be enough to cover her medical expenses for the rest of her life.




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