Evie Toombes, a 20-year-old from the UK, successfully sued her mother’s doctor for negligence related to her birth. Born with spina bifida, a condition where the spine and spinal cord don’t develop properly in the womb, Toombes argued that her condition could have been prevented if her mother had been given proper medical advice. Toombes has faced significant challenges due to her condition, including issues with her legs, bladder, and bowel, and often relies on a wheelchair.
The case focused on a consultation Toombes’ mother had with Dr. Philip Mitchell before conceiving Evie. During the appointment, Toombes’ mother sought advice as she was planning to stop taking birth control pills. She specifically inquired about the necessity of taking folic acid, a supplement known to reduce the risk of neural tube defects like spina bifida. Dr. Mitchell allegedly told her that folic acid was not necessary, advice which Toombes and her legal team argued was incorrect and negligent.
The court case revealed that if Toombes’ mother had been advised to take folic acid, she would have delayed conception until she was adequately prepared. Lawyer Susan Rodway, representing Toombes, emphasized that her mother had planned her pregnancy carefully, especially since she had lost her own parents at a young age and wanted to ensure everything was in order for starting a family. Had she known about the importance of folic acid, she would have taken steps to mitigate the risk of spina bifida.
In defense, Dr. Mitchell’s lawyer, Michael De Navarro, contended that the doctor had provided reasonable advice. Despite this, the judge ruled in favor of Toombes, stating that her mother was not advised in line with guidelines to take folic acid before conception and during the early stages of pregnancy. The ruling concluded that if her mother had received the correct advice, she would have postponed her pregnancy, leading to a different outcome regarding Evie’s health.
Following her court victory, Toombes has dedicated herself to raising awareness about her condition and continues to pursue her passion for para showjumping with her horse, Daisy. She uses her platform to educate others about spina bifida and the importance of proper medical guidance before and during pregnancy.
