An English woman with spina bifida is instituting legal proceedings against her mother’s former doctor for millions of dollars in health care costs and damages asserting that she should never have been born.
A 20-year-old equestrian show jumper from Lincolnshire, Evie Toombes is suing her mother’s one-time general practitioner, Dr. Philip Mitchell, for “wrongful conception” following his reportedly failure to advise her mother to take folic acid supplements prior to getting pregnant that she asserts resulted in her birth deficiency, as stated by The Telegraph.
Toombes was diagnosed with lipomyelomeningocele following her birth in November 2001, a neural tube deficiency to the spine. Her bones never correctly developed along her spinal cord resulting to lasting impairment.
She states that her mother never would have had her if her doctor had told her that she required to take folic acid supplements to reduced the chances of the defect affecting her baby.
Susan Rodway, Her attorney, told the UK High Court judge that Toombes was instituting legal action for “having been born in a damaged state” and intend to recover millions of dollars required to cover the costs of living with her condition.
Mitchell has declined any liability and has responded that he gave Caroline Toombes “reasonable advice,” even though it is common practice to advise likely mothers to take the supplement prior to conceiving and through the first 12 weeks of pregnancy, The Telegraph reported.
His attorney contended that it is his practice to advise potential parents that 400 milligrams of folic acid, although that if the mother had a good diet, folic acid levels anyway are typically at a healthy level and supplements would be less vital.
“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.”
Rodway stated that if she had been advised by Mitchell, she would have rescheduled having a baby.
“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, as stated by The Telegraph.
Rodway also said Caroline Toombes would have had a “normal, healthy” baby, but one who was a “genetically different person” to Evie Toombes.
Right now, in spite of her mobility being “very limited,” the equestrian hopes to participate in the Paralympics regardless of sometimes being hooked up to medical tubes for 24-hours a day. As she advance in age she will be bound more often to a wheelchair. She as well suffers from bowel and bladder issues as a result of her situation.
The concluding decision is anticipated at a later date.