Lady born With Spinal Cord Bifida, Won Case Against Family Doctor For Letting Her Mum Give Birth To Her



A showjumper Evie Toombes, who lives with Spina bifida, a spinal cord defect, filed a landmark case against Dr Philip Mitchell which has resulted in a memorable ruling.


She arraigned the family doctor for failing to advise her mother against getting pregnant at the time she did as well as the proper things to do. She accused the doctor that his inaction resulted in her being born with spina bifida.


She claimed that the doctor’s negligence resulted in a “wrongful conception” that gave birth to her.


She quarreled  that Dr Philip Mitchell did not advise her mother to take folic acid supplements in order to  avoid giving birth to a baby with spina bifida.


Her mother told the court: “I was advised that if I had a good diet previously, I would not have to take folic acid.”

She assert that her condition sometimes made her spend 24 hours connected to tubes.


Spina bifida is a birth defect in which an area of the spinal column doesn’t form properly, leaving a section of the spinal cord and spinal nerves exposed through an opening in the back.

This makes it impossible for the backbone that protects the spinal cord to form and close as it should.


This over and over again results in damage to the spinal cord and nerves, leading to physical and intellectual disabilities.


Intriguingly, Judge Rosalind Coe QC  in London on Wednesday December 1st agreed with Evie Toombes, pointing out that  she would have been born healthy if her mother had gotten the right advice from Dr Philip Mitchell.

“If Evie’s mother had been provided with the correct recommended advice, she would have delayed attempts to conceive,” Judge Rosalind Coe QC ruled.

Although no precise amount has been determined yet, Toombes’ compensation is expected to be huge because it must be adequate to cover her healthcare for life.

The history making ruling has kindled talks about how healthcare professionals might want to be diligent in their work to prevent liability for the outcomes of their carelessness..

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