Twenty-year-old Evie Toombes has won a landmark legal case, prior to settlement, as she sued her mother’s GP, claiming that his advice led to ‘Wrongful conception’.
Evie, from Skegness, suffers from Spina Bifida and sometimes requires 24 hours-a-day connection to tubes. Despite her condition she has gone onto a career in showjumping against both disabled and able-bodied competitors.
Her mother’s GP, Dr. Phillip Mitchell, she claims – failed to advise her mother to take a regimen of folic acid prior to pregnancy due to her healthy diet at the time. This advice led Caroline Toomes becoming pregnant soon after and giving birth to Evie who was diagnosed with Lipomylomeningocoele (LMM), a form of neural tube defect to the spine, which led to her permanent disability.
The ruling was backed by Judge Rosalind Coe QC, who awarded Evie the right to what is believe will be a substantial payout due to the nature of her lifelong care requirements.
The Judge stated that had her mother been “provided with the correct recommended advice, she would have delayed attempts to conceive”, adding “In the circumstances, there would have been a later conception, which would have resulted in a normal healthy child.”
The court heard that Evie’s mother had refrained from attempting to become pregnant before receiving the correct advice from her GP. This win now sets precedent for healthcare professionals being liable for pre-conception advice that could later be deemed negligent.
Michael De Navarro QC, the doctor’s defence, suggested that Mrs Toombes may already have been pregnant prior to seeking Dr. Mitchell’s advice. He stated that Mitchell claimed to have offered “reasonable advice” regarding the benefits of folic acid supplements, as it was standard practice. He denied saying they were unnecessary.
The verdict
In her judgement, Judge Coe stated:
“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.”
This wrongful conception case is set to return to court to agree on a settlement figure, unless it is settled outside of court beforehand.
Further reading
To learn more about GP negligence claims and what may be categorised as negligent, read our online Q&A here.
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