Daughter Successfully Sued Mother's GP For Millions For Allowing Her To Be Born Despite Medical Negligence

Evie Toombes, a young woman from the UK, achieved a significant legal victory at the age of 20 by successfully suing her mother's doctor for negligence that occurred before her birth.

She filed a lawsuit against Dr. Philip Mitchell, claiming he was responsible for 'wrongful conception.' 

Toombes was born with spina bifida, a condition characterized by incomplete development of the spine and spinal cord during gestation, resulting in a gap.

This condition has caused her to have problems with her legs, bladder, and bowel, and she has relied heavily on a wheelchair for mobility for much of her life.

Throughout her childhood, Toombes felt she deserved compensation for the challenges she faced from birth. 

She publicly shared her reasons for suing in an interview on the British chat show "This Morning" in 2022, where she explained: 

Evie Toombes believes her doctor was negligent. ITV / This Morning

"My mum specifically went to advice before conceiving because she was coming off the pill and wanted to make sure everything was OK. 

"She didn't have a family of her own - usually you'd probably go to your mum - she didn't have her mum to go to so just wanted to talk to the GP and find out if everything was OK." 

During that consultation, Toombes mentioned that her mom asked if she needed to take folic acid. 

Dr. Mitchell reportedly told her that 'folic acid wasn't necessary'. This piece of advice became crucial later on. 

After Toombes was born, and as her mother considered having a second child, she wanted to prevent any similar issues.

She found out that she should have been informed about the benefits of folic acid, as Toombes elaborated: 

"Then what transpired when I was born, and my mum was looking to have a second child and make sure if there was anything she could do to prevent it again, [was] that actually she should have been told about folic acid."

Evie successfully sued the doctor. ITV / This Morning

Folic acid is known to significantly reduce the risk of spina bifida. 

In court, Toombes' lawyer, Susan Rodway, argued that her mother would not have proceeded with her pregnancy as quickly had she been properly informed about the importance of taking folic acid. 

Rodway explained, "This was a very precious decision to start a family, because she herself had lost her parents when she was young."

Rodway further stated, "They had been refraining from sexual intercourse until after they had received advice at this consultation." 

On the other side, Dr. Mitchell's lawyer, Michael De Navarro, maintained that the advice given was reasonable. 

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Nonetheless, the judge decided to rule in favor of Toombes. 

He stated that Toombes' mother "was not advised in accordance with the guidance to take folic acid prior to conception and for the first 12 weeks of pregnancy".

The judge added, "Had she been provided with the correct recommended advice, she would have delayed attempts to conceive," concluding that, "I therefore find that the claimant's claim succeeds on liability." 

Three years after her courtroom success, Toombes has continued to work towards raising awareness about her condition. 

She also participates in para showjumping with her horse, Daisy. 

She shares on her website, "I was born with a form of Spina Bifida, which affects the nerves to my legs, bladder and bowel, but having a passion in life gives me purpose and direction."