Showjumper sues GP, saying she should not have been born

Claiming she should have never been born, a showjumper with spina bifida has sued her mother's GP for millions of pounds in damages. 

 

Aspiring Paralympian Evie Toombes, from Lincolnshire, was born with the disabling disorder in which the bones of the spine do not close properly around the spinal cord. The 20-year-old has said that despite the condition often resulting in her being connected to medical tubes 24 hours a day, she aims to compete in a future Paralympics.

 

Ms Toombes is suing Dr Philip Mitchell in a landmark High Court case, with a "wrongful conception" claim over his alleged failure to advise her mother, Caroline Toombes, to take vital supplements before getting pregnant. Medics advise prospective mothers of the benefits of taking folic acid supplements before conceiving and during the first 12 weeks of their pregnancy to ward off the risk of spina bifida.

 

In the lawsuit, Ms Toombes claims that her mother would have put off having a baby had Dr Mitchell - who was working at the Hawthorn Medical Practice in Skegness at the time - told her that she needed to take folic acid supplements to minimise the risk of spina bifida affecting her baby, and that as a result, she (Evie) never would have been born at all. Susan Rodway QC, her barrister, told the judge that she is suing for "having been born in a damaged state" and that she wants millions in damages to cover the cost of living a disabled life. Dr Mitchell claims he gave Mrs Toombes "reasonable advice" and "comprehensively denies" liability.  

 

The court heard that Caroline Toombes, who is also a keen rider, had gone to see Dr Mitchell in February 2001 to discuss her plans to have her first baby. Her daughter's barrister told the judge: "This was a very precious decision to start a family because she herself had lost her parents when she was young," However, Mrs Toombes claims that despite having a discussion about folic acid during the consultation, Dr Mitchell did not tell her of its importance in preventing spina bifida, telling the judge "He told me it was not necessary, "I was advised that if I had a good diet previously, I would not have to take folic acid." 

 

 

Ms Rodway said that, had Mrs Toombes been properly advised by Dr Mitchell, she would not have gone on to conceive as quickly as she did, and claims that Mrs Toombes would have paused her pregnancy plans and started a course of folic acid treatment before attempting to conceive. "It is her evidence she would have read up on it and wouldn't have attempted to become pregnant until she was satisfied that she had protected herself as much as possible," she said. 

 

Dr Mitchell's lawyer told the judge that he gave "reasonable advice" about the desirability of folic acid supplements being taken prior to pregnancy.

 

Judgment has been reserved and will be given at a later date.

 

Whitestone Solicitors

Rochdale