Showjumper Evie Toombes sues her mother’s doctor, arguing she should never have been born.
Evie Toombes, a 20 year-old equestrian showjumper from Lincolnshire, England with spina bifida has filed suit against her mother’s former doctor demanding millions of dollars to cover her medical expenses, arguing that she should never have been born.
Toombes is suing general practitioner Dr. Philip Mitchell for “wrongful conception.” According to her, the doctor “failed to encourage her mother to take folic acid pills before becoming pregnant, which she argues caused her birth deformity,” the Telegraph reported.
After her birth in November 2001, the young woman was diagnosed with lipomyelomeningocele. Because of an abnormality in the neural tube that connects the brain to the spine, her bones never fully formed leaving her permanently disabled.
Toombes’ lawyer, Susan Rodway, said in the UK High Court that Toombes is suing because she was “born in a broken condition.” She is seeking millions of dollars to cover the cost of living with her terrible illness.The doctor reacted by stating he provided Caroline Toombes, the woman’s mother “fair counsel,” but the Post reported that “it is routine practice to urge expectant moms to take the supplement before conceiving and through the first 12 weeks of pregnancy.”
Caroline Toombes would have put off having a child if Mitchell had urged her to do so, according to Toombes’ lawyer. Rodway stated, “It is her evidence that she would have read up on it and wouldn’t have sought to become pregnant until she was convinced that she had safeguarded herself as much as possible.”
“The court heard that Caroline Toombes, now 50, a talented horsewoman went to visit Dr. Mitchell in February 2001 to discuss her plans to have her first child.” “Because she had lost her parents when she was young, this was a very precious decision to establish a family,” Rodway told the judge.
“They had been postponing sexual activity until they had obtained counsel at this appointment.”
Toombes can already ride horses and aspires to compete in the Paralympics one day, although she is occasionally tethered to machines and medical tubes for 24 hours at a time. “She’ll be confined to a wheelchair more frequently as she gets older. As a result of her disease, she also has bowel and bladder problems.”
Toombes’ life philosophy is “Find a way, not an excuse,” according to her website. “I was born with a kind of Spina Bifida that affects the nerves in my legs, bladder, and intestines.” “However, having a passion in life gives me meaning and direction,” she added.
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