Woman, 20, Defends Suing Her Mother's GP For Allowing Her To Be Born

Evie Toombes, 20, from Lincolnshire, filed a 'wrongful conception' damages claim against her mum, Caroline Toombes' GP, Dr Philip Mitchell.

Evie claims that if her mum's doctor had given her the correct advice when she visited him before getting pregnant, she wouldn't have been born.

Evie, a professional showjumper, was born with spina bifida, and is suing the doctor for failing to advise her mum to take supplements before conception.

She says that if the doctor had told her mum she needed to take folic acid before conceiving, she would have delayed getting pregnant until she had done so. Meaning Evie would never have been born at all.

Spina bifida occurs when a baby's spine and spinal cord does not develop properly in the womb, causing a gap in the spine.

It is a type of neural tube defect.

To reduce the risk of problem's with a baby's development, the NHS recommend taking 400 micrograms of folic acid every day – from before you're pregnant until you're 12 weeks.

In a ruling in December, Judge Rosalind Coe QC awarded Evie the right to compensation.

The judge ruled that if Caroline had been "provided with the correct recommended advice, she would have delayed attempts to conceive.

"In the circumstances, there would have been a later conception, which would have resulted in a normal healthy child."

At the trial, the court heard how Caroline went to see the doctor to discuss plans to start a family.

"This was a very precious decision to start a family, because she herself had lost her parents when she was young,' said Susan Rodway QC.

"They had been refraining from sexual intercourse until after they had received advice at this consultation."

Caroline claimed that she was not told by Dr Mitchell of the importance of folic acid supplements in spina bifida prevention.

"He told me it was not necessary," she said. "I was advised that if I had a good diet previously, I would not have to take folic acid."

Michael De Navarro QC, who represented Dr Mitchell, told the judge that the doctor claimed to have given 'reasonable advice' about folic acid, explaining it was normal procedure to tell women considering starting a family to take 400 micrograms before falling pregnant and during the first trimester.

He denied saying they were not necessary, claiming he would have said that if Caroline had a good diet and therefore good folic acid levels, they would be less important.

The amount Evie is claiming has not yet been disclosed.