Evie Toombes argued the doctor was responsible after she was born with spinal issues
A young woman from the UK managed to successfully sue her mom’s doctor for negligence before she was born.
Evie Toombes was 20-years-old when she won the case she’d launched against Dr. Philip Mitchell, claiming he was responsible for ‘wrongful conception’.
Toombes was born with spina bifida; a condition in which a baby’s spine and spinal cord fail to develop in the womb, causing a gap.
As a result, Toombes has issues with her legs, bladder and bowel and has had to rely on using a wheelchair to get around much of the time. Growing up, she felt she was owed damages for having been born.
Toombes opened up about her decision to sue the doctor in an interview on the British chat show This Morning in 2022, where she explained: “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.”
Evie Toombes believes her doctor was negligent. (ITV/This Morning)
Toombes claimed her mom asked whether she needed to take folic acid, to which the doctor responded that ‘folic acid wasn’t necessary’.
“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,” she said.
Folic acid is known to reduce the risk of spina bifida, and after Toombes’ case was taken to court, lawyer Susan Rodway argued that her mother would not have proceeded with her pregnancy as quickly if she’d been aware.
“This was a very precious decision to start a family, because she herself had lost her parents when she was young,” Rodway said.
“They had been refraining from sexual intercourse until after they had received advice at this consultation.”
Evie successfully sued the doctor. (ITV/This Morning)
Meanwhile, lawyer Michael De Navarro told the court Mitchell had given ‘reasonable advice’ to Toombes’ mother.
The judge in the case decided to rule in Toombes’ favor, saying at the time that her mother was ‘not advised in accordance with the guidance to take folic acid prior to conception and for the first 12 weeks of pregnancy’.
“Had she been provided with the correct recommended advice, she would have delayed attempts to conceive,” the judge said, adding: “I therefore find that the claimant’s claim succeeds on liability.”
Three years on from her win in court, Toombes now works to raise awareness for her illness while also spending time para showjumping with her horse, Daisy.
On her website, she explains: “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.”
