In what is being considered a ground-breaking ruling, a 20-year-old woman, Evie Toombes, who sued her mother's general practitioner claiming that she should never have been born has now won millions in damages.
Toombes is a para-showjumping star in Lincolnshire who suffers from spina bifida since birth.
Evie launched a "wrongful conception" case against her mother's doctor as she claimed that her mother's doctor, Dr Philip Mitchell failed to prescribe her vital supplements which led to her condition. She claims that Philip failed to tell her to take folic acid during pregnancy.
And in a unique ruling at London’s High Court today, Judge Rosalind Coe QC backed Evie’s case & awarded her the right to a huge compensation payout.
"In the circumstances, I find that Mrs Toombes was not pregnant at the time of the consultation with Dr Mitchell," she said in her judgment.
"She was not advised in accordance with the guidance to take folic acid prior to conception & for the first 12 weeks of pregnancy."
'In the circumstances, there would have been a later conception, which would have resulted in a normal healthy child. I, therefore, find that the claimant's claim succeeds on liability," she added.
Dr Philip Mitchell denies liability & claims that he gave Caroline 'reasonable advice.'
Her mother said, ''He told me it was not necessary. I was advised that if I had a good diet previously, I would not have to take folic acid.''
Evie has to spend some days connected to tubes for up to 24-hours because of her condition.
However, despite her condition, Evie has formed a career in showjumping & she competes against both disabled & able-bodied riders.
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Source: WION
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