A professional showjumper won the right to millions of dollars in damages after suing her mother’s doctor for failing to advise her on taking vital supplements before conceiving.
Evie Toombes, 20, was born with spina bifida and often spends up to 24 hours a day in a tube.
She launched the legal action against Dr. Philip Mitchell over his inaction.
According to Toombes, if her doctor had told her mother, Caroline, that taking folic acid would minimize the risk of her developing spina bifida, she would have stopped trying to get pregnant.
This would have meant that she would never have been able to have children.
Today, a judge at London’s High Court ruled that she had the right to receive a huge compensation award.
Her lawyers initially said that the amount she was seeking was not yet calculated, but noted that it would be a huge sum, as it would cover her various needs for the rest of her life.
Toombes, who has a long-standing career in show jumping, had sued for wrongful conception.
Her lawyer, Susan Rodway, said that her client was born in a “damaged state.”
Mitchell failed to tell Caroline, who lives in Lincolnshire, that taking folic acid supplements was important before conceiving.
The judge ruled that Caroline would have been able to delay her pregnancy and have a healthy baby if Mitchell had told her.
During the trial, the court heard that Caroline visited Mitchell in February 2001. She was planning on having her first child and discussed her plans with him.
She had chosen to start a family as a way to honor her parents, who passed away when she was young
According to Rodway, they had refrained from intercourse until they were given advice following the consultation.
But, despite talking about folic acid, Caroline claims that Mitchell did not inform her about its importance in preventing spina bifida.
According to her, the doctor suggested that she go home and have sex, but she found this blunt.
She was also told that she shouldn’t have taken folic acid supplements because she had a healthy diet before conceiving.
Rodway claims that Caroline would not have been able to get pregnant as quickly if Mitchell had advised her properly.
She stated that she would have stopped her pregnancy plans and taken folic acid supplements. She also attempted to get pregnant.
