A 20-year-old English woman is suing her mother's former doctor for millions of dollars in health care costs and damages. The woman has spina bifida, and her suit claims that she should never have been born.
Evie Toombes is an equestrian show jumper from Lincolnshire, and she is suing Dr. Philip Mitchel for "wrongful conception." The lawsuit says the doctor allegedly did not advise her mother to take folic acid supplements before getting pregnant, The Telegraph reported.
Susan Rodway, Toombes' attorney, spoke with the UK High Court judge saying that she is suing for "having been born in a damaged state."
The suit claims that because the general practitioner did not advise her mother appropriately, it resulted in her having a birth defect, lipomyelomeningocele, which she was diagnosed with in 2001 after her birth.
Lipomyelomeningocele is a neural tube defect to the spine, resulting in her bones never developing properly and her spinal cord causing permanent disability.
Toombes claims her mother would never have had her if a doctor had properly informed her that she needed to take the supplements, which would have lessened the chances of the defect affecting her baby.
Now Toombes is looking to recover millions of dollars she needs to cover the costs of living with her condition.
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However, Mitchell has denied that he is liable and has countered that he gave the girl's mother "reasonable advice," the Telegraph reported. It was reported that it is common practice to advise potential mothers to take folic acid supplements.
His attorney has argued that it is his practice to advise prospective parents to take the supplement, but they often do not need to take it because folic acid levels are typically at a healthy level in most people.
"He told me it was not necessary," she told the judge of her visit with the doctor in February 2001. "I was advised that if I had a good diet previously, I would not have to take folic acid."
Toombes' attorney counterargued, saying that if she had been encouraged to take the supplement, she wouldn't have had a baby when she did.
"It is her evidence she would have read up on it and wouldn't have attempted to become pregnant until she was satisfied that she had protected herself as much as possible," she said, The Telegraph reported.
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