Tribune Web Desk
Chandigarh, December 2
A British jumper has launched a “misconception” case against her mother’s doctor, as she was born with a spina bifida for which she won millions in damages.
A spinal cord defect means that Evie Toombes sometimes spends 24 hours a day connected to tubes, The Sun reports.
The 20-year-old sued Dr. Philip Mitchell for failing to properly counsel her mother while she was pregnant.
So she sued her mother’s doctor — claiming she should never have been born.
Toombes said that if Dr. Mitchell had told her mother that she needed to take folic acid supplements to minimize the risk of spina bifida affecting her baby, she would have postponed her pregnancy.
This, in turn, would have meant that Evie would never have been born.
Judge Rosalind Coe QC backed Evie’s case in a London High Court ruling on Wednesday, the Daily Mail reported.
The judge ruled that if Evie’s mother had been offered “the right advice, she would have delayed trying to conceive.”
“Under these circumstances, there would have been a subsequent conception, which would have resulted in a normally healthy child,” she said, giving Evie Toombes the right to a huge payment.
Evie’s lawyers said the exact amount was not calculated, but it would probably be a large number, as it should cover the cost of her lifelong care needs.
Evie Toombes’s mother had earlier told the court that if Dr. Mitchell had advised her correctly, she would have postponed her plans to become pregnant. “I was advised that if I had a good diet before, I should not take folic acid,” she told the judge.