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Daughter files lawsuit against her mother's doctor for allowing her to be born into this world

News - Jun 22, 2024
Daughter files lawsuit against her mother's doctor for allowing her to be born into this world

Evie Toombes, a 20-year-old woman from Skegness, Lincolnshire, is making headlines as she takes legal action against her mother's general practitioner (GP) for millions of dollars. 

She firmly believes that her birth should have never taken place and holds the GP responsible for allowing it to happen.

Evie Toombes is suing her mother's GP for millions of dollars. Image Credit: Supplied
Evie Toombes is suing her mother's GP for millions of dollars. Image Credit: Supplied

Why did the daughter sue her mother's doctor?

Evie was born with a condition called spina bifida, a developmental disorder where the spine and spinal cord fail to develop properly in the womb, resulting in a gap in the spine. 

This condition has significantly impacted her life, requiring her to be connected to tubes for a portion of each day.

Evie was born with spina bifida, a developmental disorder causing a gap in the spine. Image Credit: Supplied
Evie was born with spina bifida, a developmental disorder causing a gap in the spine. Image Credit: Supplied

Despite the challenges she faces, Evie has pursued a career in showjumping and has competed against both disabled and able-bodied riders. 

Her achievements have not gone unnoticed, as she has appeared on ITV's show 'Hidden Disabilities: What's The Truth?' and even had the opportunity to meet the Duke and Duchess of Sussex when she won the Inspiration Young Person Award at a Well-child charity event in 2018.

This condition has greatly impacted her life, necessitating daily tube connections. Image Credit: Supplied
This condition has greatly impacted her life, necessitating daily tube connections. Image Credit: Supplied

Daughter fills out a lawsuit against her mother's doctor for allowing her to come to this world

Evie is suing her mom's doctor, Dr. Philip Mitchell, because she believes he didn't give her mom the right advice before she got pregnant. 

She thinks Dr. Mitchell should have told her mom about taking folic acid supplements before getting pregnant. Folic acid is important for preventing spina bifida, the condition she was born with. 

She believes Dr. Mitchell should have advised her mother on taking folic acid before pregnancy. Image Credit: Supplied
She believes Dr. Mitchell should have advised her mother on taking folic acid before pregnancy. Image Credit: Supplied

Evie claims that if her mom had known about this, she wouldn't have decided to have a baby, and Evie wouldn't exist today.

During the proceedings in the High Court, Evie's barrister, Susan Rodway QC, highlighted the emotional weight of the situation. 

Evie is suing Dr. Philip Mitchell, her mother's doctor, alleging inadequate pre-pregnancy advice. Image Credit: Supplied
Evie is suing Dr. Philip Mitchell, her mother's doctor, alleging inadequate pre-pregnancy advice. Image Credit: Supplied

She emphasized that the decision to start a family was of great importance to Mrs. Toombes, especially because she had lost both her parents at a young age. 

The barrister further argued that if Dr. Mitchell had provided adequate advice, Mrs. Toombes would have had a chance to have a "normal, healthy" baby, albeit one who would have been genetically different from Evie.

The barrister contended that better advice from Dr. Mitchell could have resulted in a different, healthy baby. Image Credit: Supplied
The barrister contended that better advice from Dr. Mitchell could have resulted in a different, healthy baby. Image Credit: Supplied

The doctor denied the daughter's claims.

Dr. Mitchell, the doctor being sued by Evie, disagrees with her claims. He says that he did give Mrs. Toombes good advice about folic acid supplements. 

According to him, he would have told her to eat a healthy diet and make sure she had enough folic acid. 

He denies ever saying that supplements were not needed. Dr. Mitchell believes he provided reasonable guidance to Evie's mother.

Dr. Mitchell, sued by Evie, asserts he did advise Mrs. Toombes on folic acid supplements as claimed. Image Credit: Supplied
Dr. Mitchell, sued by Evie, asserts he did advise Mrs. Toombes on folic acid supplements as claimed. Image Credit: Supplied

The court is still considering the evidence and arguments presented by both Evie and Dr. Mitchell. Evie has limited mobility, and as she gets older, she will likely need to use a wheelchair more often. 

Despite her challenges, she is dedicated to educating children about illnesses that are not easily visible and is actively involved in Nottingham University.