Due to her disability, Toombes—who works at Nottingham University—will have to use a wheelchair in the future, but despite her condition, she hopes to educate children about invisible illnesses.
A woman is suing her mother's general practitioner for millions of dollars in a landmark case, arguing that she should never have been born, according to The Times.
20-year-old Evie Toombes was born with spina bifida, a condition which sometimes causes her to spend 24 hours a day connected to treatment tubes. Toombes, a showjumping star was diagnosed with a lipomyelomeningocele (LMM), a form of neural tube defect to the spine leading to permanent disability, in November 2001. Despite her condition, she has managed to build a career, in which she competes against disabled riders.
According to BBC, the woman, from Skegness, Lincolnshire, has very limited mobility as a result of her condition, and blames her doctor Dr. Philip Mitchell, claiming he failed to recommend doses of folic acid to her mother.
A woman is suing her mum's general practitioner for millions of pounds for allowing her to be born.
— Pubity Latest (@pubitylatest) November 24, 2021
Evie Toombes, 20, from Skegness, Lincolnshire and was born with spina bifida - where a baby's spine and spinal cord fail to develop in the womb which causes a gap. pic.twitter.com/X4bsfCMz5u
At a London High Court hearing in 2020, a judge ruled Toombes has a "lawful claim for damages". Women are recommended to take 400 micrograms of folic acid a day for at least a month before conception and up to the 12th week of pregnancy. But, not all women are aware of the fact that a lack of folic acid increases the risk of an unborn child developing spina bifida.
Toombes claims her mother, Caroline Toombes, would have started taking the supplement, delayed conception, and had a "genetically different" child without disabilities had it not been for the doctor's alleged negligence, the court heard. Dr. Mitchell, who worked at the Hawthorn Medical Practice in Skegness at the time, has "comprehensively disputed" the allegations, which were heard by Justice Lambert.
The court heard that 50-year-old Toombes—who is also a keen horsewoman—had gone to see Dr. Philip Mitchell at the practice to discuss her plans to have a first baby in February 2001.
Para-showjumper Evie Toombes' motto is "find a way, not an excuse", and it's one that many of us could probably learn from. ❤
— BBC Sport (@BBCSport) June 13, 2020
Here's why 👉 https://t.co/bVWhlHLhas pic.twitter.com/zPAsfGhdr4
"This was a very precious decision to start a family because she herself had lost her parents when she was young," her daughter's barrister Susan Rodway told the judge, according to Daily Mail. "They had been refraining from sexual intercourse until after they had received advice at this consultation."
Meanwhile, Dr. Mitchell is said to have denied those claims and insists that he gave her mother the appropriate advice.
Rodway told Judge Rosalind Coe that Toombes is suing for "having been born in a damaged state" and that she wants millions in damages to cover the increased cost that's being incurred from living a disabled life.
Due to her disability, Toombes—who works at Nottingham University—will have to use a wheelchair in the future, but despite her condition, she hopes to educate children about invisible illnesses.
References:
https://www.bbc.com/news/uk-england-lincolnshire-55402719
Cover Image Source: YouTube | BBC Three (The Teenage Para Show Jumper: Inspiring Stories)
