Woman sues doctor for allowing her to be born with defect, wins millions
Evie Toombes then won millions in damages in the "wrongful conception" case to cover the cost of her lifelong care needs
A UK woman has sued her mother's doctor claiming that if he had advised her mother properly she would not have been born with the birth defect, spina bifida.
Evie Toombes then won millions in damages in the "wrongful conception" case to cover the cost of her lifelong care needs.
Due to the spinal defect, Evie at times has to spend 24 hours a day connected to tubes, reports The Sun.
Evie, a star showjumper, accused Dr Philip Mitchell of failing to properly advise her mother while she was pregnant.
If Dr Mitchell had told Evie's mother she needed to take folic acid supplements to minimise the risk of spina bifida affecting her baby, she would have put off getting pregnant. This would have meant that Evie would never have been born, claims the 20-year-old.
Earlier, Evie Toombes' mother had told the court that if Dr Mitchell advised her correctly, she would have put off her plans of getting pregnant.
"I was advised that if I had a good diet previously, I would not have to take folic acid," she told the judge as reported by NDTV.
Judge Rosalind Coe QC of London High Court ruled that had Evie's mother been "provided with the correct recommended advice, she would have delayed attempts to conceive."
"In the circumstances, there would have been a later conception, which would have resulted in a normal healthy child," she said, awarding Evie Toombes the right to a huge payout.
Evie's lawyers have said that the exact sum has not been calculated, but would likely be a big number as it would need to cover the cost of her lifelong care needs.