20-year-old lady Evie Toombes who sued her mom’s doctor, claiming she should never have been born, has won the case in UK court.
The court has ruled that Evie should hugely be compensated.
Evie Toombes, who is showjumper and has actively competed against both disabled and able-bodied riders is set to become a millionaire after winning the court case in which she sued her mother’s doctor.
Kasatintin.com gathers that Evie Toombes launched the landmark ‘wrongful conception’ case against general practitioner, Dr. Philip Mitchell as she suffers from spina bifida and sometimes spends 24 hours a day connected to tubes.
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Evie pleaded with the court to sanction Dr. Mitchell over his failure to advise her mother to take vital supplements before getting pregnant.
She justified that had the medic properly cautioned her mom, Caroline that she needed to take folic acid to minimize the risk of spina bifida affecting her baby, she would have put off conception.
Evie alleged that she would never have been born at all if the medical practitioner had offered such valuable advice.
In a landmark ruling at London’s High Court on Wednesday, December 1 2021, Judge Rosalind Coe QC backed Evie’s case and awarded her the right to a huge compensation payout.
The judge found that Dr.Mitchell did not openly engage Caroline, of Skegness, Lincolnshire, on the importance of taking folic acid supplements before getting pregnant.
The judge added that, if she had been told, she would have delayed conceiving and instead had a different, totally, healthy baby.
Background of the wrongful conception case
During the trial a month ago, the court heard that 50-year-old Caroline, a keen horsewoman had gone to see Dr. Philip Mitchell at the Hawthorn practice to discuss her plans to have a first child in February 2001.
‘This was a very precious decision to start a family because she herself had lost her parents when she was young’, Evie Toombes’ lawyer, Susan Rodway QC told the court.
‘They had been refraining from sexual intercourse until after they had received advice at this consultation’.
Despite having a discussion on folic acid during the appointment, Caroline claimed that Mitchell never told her of its importance in spina bifida prevention.
Instead, the doctor advised her to go home and have ‘lots of sex’, which she considered to be ‘somewhat blunt’.
‘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’, she said.
The judge concluded that as a qualified medic, Mitchell should have properly briefed Caroline on the need to take folic acid.
The court found that Caroline would not have gone on to conceive as quickly as she did.
It further ruled that she would have paused her pregnancy plans, started a course of folic acid treatment and then attempted to conceive daughter Evie Toombes.
SOURCE: Kasatintin.com
