A UK based woman who moved to court to sue her mother’s doctor for allowing her to be born has won the right to millions in damages. 20-year-old Evie Toombes who is also a star showjumper had appealed for a "wrongful conception" case against her mother's doctor.
Ms Toombes suffers from a rare condition called spina bifida, which is a spinal defect. This defect would make Evie sometimes spend 24 hours a day attached to tubes, reported The Sun.
The woman in her lawsuit had claimed that if her mother had been properly advised, she would not have been born which would make her suffer in future.
Toombes took her mother’s doctor Philip Mitchell to court for not correctly guiding her mother during her pregnancy. She claimed that Dr Mitchell had suggested her mother to take folic acid supplements to minimise the risk of spina bifida that was affecting the baby. However, she could delay the pregnancy, meaning that Evie would have never been born.
Also Read: UK woman seals her eye shut after mistaking nail glue for hay fever drops
Judge Rosalind Coe QC supported Evie in the case and in a landmark judgement in the London High Court on Wednesday remarked had Evie's mother been "provided with the correct recommended advice, she would have delayed attempts to conceive,” reported The Daily Mail.
"In the circumstances, there would have been a later conception, which would have resulted in a normal healthy child," she said. The court’s order awarded Evie Toombes the winning of a lawsuit along with a large payment.
Toombes lawyers said that the exact amount has not been calculated yet, but it will be a huge number as it will cover the cost of her entire life’s expenses.
"In the circumstances, there would have been a later conception, which would have resulted in a normal healthy child," ruled the judge.
Earlier, Evie’s mother told the court that "I was advised that if I had a good diet previously, I would not have to take folic acid.”
Also Read: In a strange case, UK woman sues mother’s doctor for letting her be born
Ms Toombes is a star showjumper and has also participated in competitions against both disabled and able-bodied riders.
The ruling paves the way for holding healthcare professionals responsible for the kind of pre-conception advice given if the outcome of the baby's birth is not a healthy one.