| Last updated
The woman who sued her mother's GP due to a 'wrongful conception' has successfully won the right to compensation.
She is suing Dr Philip Mitchell over 'wrong conception charge', blaming him for not advising her mother, Caroline, to take the required supplements prior to getting pregnant to reduce the risk of spina bifida.
Dr Mitchell's barrister, Michael De Navarro QC, claims the medic gave 'reasonable advice' in regard to folic acid supplements intake. He also suggested Mrs Toombes may have already been pregnant at the time of the consultation.
Judge Rosalind Coe QC, however, rejected this argument.
She said in her judgement: "In the circumstances I find that Mrs Toombes was not pregnant at the time of the consultation with Dr Mitchell.
"She was not advised in accordance with the guidance to take folic acid prior to conception and for the first 12 weeks of pregnancy.
"She was not advised about the relationship between folic acid supplementation and the prevention of spina bifida/neural tube defects.
"Had she 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.
"I therefore find that the claimant's claim succeeds on liability."
Evie's lawyers said earlier that although the figure for compensation is yet to be calculated, it is likely to be 'big' since it would cover the cost of Evie's extensive care needs over the course of her life.
In November 2001, Evie was diagnosed with a lipomyelomeningocele (LMM), a form of neural tube defect to the spine leading to permanent disability.
Due to her condition, she sometimes has to spend 24 hours a day connected to tubes.
Despite her difficulties, she managed to form a career in showjumping and competes against disabled riders.
The London court heard that 50-year-old Mrs Toombes had gone to see Dr Mitchell to discuss her plans to have a first baby in February 2001.
"This was a very precious decision to start a family, because she herself had lost her parents when she was young," Evie's barrister Mrs Rodway told the judge.
"They had been refraining from sexual intercourse until after they had received advice at this consultation."
Rodway told Judge Rosalind Coe QC that Evie is suing for 'having been born in a damaged state' and that she wants millions in damages to cover the increased cost of living a disabled life.
The lawyer added that if Caroline was aware of the situation, she would have waited to get pregnant in order to have a 'normal, health' baby, but one who was a 'genetically different person' to Evie.
It was reported that the court heard how Evie's movement is becoming very limited and she will most likely need a wheelchair as she grows older.
The case will return to court to decide on the full amount of compensation, unless a figure is agreed by both parties outside of court.
Chosen for YouChosen for You
Most Read StoriesMost Read