An English woman with spina bifida sues her mother’s former doctor for millions of dollar in health care costs and compensation claims that they should never been born.
Evie Toombes, a 20-year-old rider show Lincolnshire jumper sues her mother’s general practitioner, Dr Philip Mitchell, for “misconception” after he allegedly failed advise her mother to take folic acid supplements before getting pregnant, which she claims was the result in her birth defect, according to De Telegraaf.
Toombes was diagnosed with lipomyelomeningocele after birth in November 2001, a spinal cord neural tube defect. Her bones never right developed along her spinal cord causing permanent disability.
She claims that her mother would never have had her if her doctor had told her to take folic acid supplements to reduce the chance of the defect that afflicts her baby.
Her lawyer, Susan Rodway, told the British Supreme Court judge that Toombes had filed suit for “be born” in a damaged state” and want to restore millions of dollars needed to cover costs of living with her condition.
Mitchell has denied any liability and has denied giving Caroline Toombes “reasonable advice”, although it is common practice to advise potential mothers to take the supplement before they become pregnant and via the first 12 weeks of pregnancy, The Telegraph reported.
His lawyer claimed it was his practice upcoming advise parents die 400 milligrams of folic acid, but that if the mother had a good diet, the folic acid levels are usually at healthy levels anyway and supplements would be less important.
“He told me it wasn’t necessary,” she told the judge of her visit with the doctor in February 2001. “I was advised that if I good I used to follow a diet, I wouldn’t have to take folic acid anymore.”
Rodway said that if she had been advised by Mitchell, she would have… postponed have a …. baby.
“It’s her proof that she would have read up on it and would not have tried to conceive until she was convinced she had protected herself as well as… possible’ she said, according to The Telegraph.
Rodway added Caroline Toombes would be a “normal, healthy” baby, but one who was a “genetically different person” than Evie Toombes.
Currently, despite her mobility being “very limited”, the rider hopes to compete in the Paralympic Games despite sometimes being addicted up to medical tubes for 24-hours one day. As she gets older she will be bound more often in a wheelchair. They also suffers from bowel and bladder problems as a result of her condition.
The final ruling is expected at a later date.
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