A Young Woman Sued her Mother's Doctor for Allowing her to be Born

Evie Toombes, a show jumper who lives with Spina BifidaTwitter

A family doctor who neglected to advise a pregnant patient on the importance of taking folic acid has been sued 20 years later by Evie Toombes, the baby the patient was carrying. Miss Toombes believes the doctor’s neglect has contributed to her being born with Spina Bifida.

Although Evie Toombes is a successful para-show jumping star who competes against disabled and able-bodied riders, she claims the doctor is liable for telling her mother she didn’t need folic acid supplements. However, that is not the only issue for Miss Toombes. She blames the doctor for allowing her to be born. According to her, had the doctor done his job and given her mother the proper advice, her mother wouldn’t have proceeded with the pregnancy.

While taking folic acid before conception and during pregnancy can significantly reduce the risk of spina bifida, studies show the supplement may only prevent up to 7 out of 10 cases of neural tube defects such as spina bifida. However, while folic acid supplementation remains the best preventative measure against the condition, it’s not a guaranteed step. In other words, expecting mothers who take their routine supplements can still end up with babies suffering from spina bifida.

Although Evie Toombe’s lawsuit was the first of its kind in the UK, the threat of medical litigation that US physicians face is alarming. For instance, research suggests that more than one in every three (34 percent) US physicians have been sued, contributing to the rising costs of America’s health system. Moreover, the longer an American physician is in practice, the more likely they will be sued.

According to the Centers for Disease Control and Prevention, 1427 babies with spina bifida birth defects are born in the United States. In addition, the CDC data and statistics suggest the lifetime cost of care for people suffering from the condition is estimated to be $791,900.

Nevertheless, while doctors shouldering responsibility for giving the wrong advice remains a professional hazard, the risks patients face often culminate in life-changing consequences. Despite Evie’s claims that she should never have been born, she won her multi-million lawsuit against her mother’s doctor, claiming the doctor was liable for a “wrong conception charge.”

As the landmark trial concluded, Judge Coe read the words that reaffirmed Evie’s pursuit of justice. The Judge said,

“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…"