A young British woman, Evie Toombes, took legal action against her mother’s doctor citing negligence prior to her own birth and emerged victorious at the age of 20. She accused Dr. Philip Mitchell of ‘wrongful conception’ due to advice he provided before she was conceived. Toombes, who suffers from spina bifida — a condition where the spine and spinal cord don’t properly develop in the womb resulting in a gap — has faced significant mobility and health challenges, necessitating the use of a wheelchair for most of her mobility.
Discussing her unique case on the British talk show This Morning in 2022, Toombes shared, “My mum specifically went to advice before conceiving because she was coming off the pill and wanted to make sure everything was OK.” Without a family network to rely on for advice, her mother sought professional guidance from her GP.
Toombes highlighted a critical misstep in the advice given by her mother’s doctor: “My mom asked whether she needed to take folic acid, to which the doctor responded that ‘folic acid wasn’t necessary’.” Yet, the importance of folic acid in preventing conditions like spina bifida is well-documented, and this information became painfully relevant to Toombes after her birth.
During the court proceedings, Toombes’ lawyer, Susan Rodway, argued that had her mother been properly informed about the necessity of folic acid, she would have delayed her pregnancy. “This was a very precious decision to start a family, because she herself had lost her parents when she was young,” Rodway explained.
The opposing counsel, Michael De Navarro, defended Dr. Mitchell’s advice as ‘reasonable’. However, the judge ruled in favor of Toombes, stating: “Had she been provided with the correct recommended advice, she would have delayed attempts to conceive,” thereby supporting Toombes’ claim of negligence.
Three years after her courtroom victory, Toombes is an active advocate for spina bifida awareness and indulges in para showjumping with her horse, Daisy. She shares on her website, “I was born with a form of Spina Bifida, which affects the nerves to my legs, bladder and bowel, but having a passion in life gives me purpose and direction.”