The girl considered her birth a mistake and sued her mother's doctor for compensation
who allowed her to give birth to the mother's attending physician, won the lawsuit and sued him for compensation. This is reported by the Daily Mirror.
On December 1, at a court hearing in London, Judge Rosalind Coe ruled that 20-year-old Evie Toombs, who was born with spina bifida, should receive payments until the end of life. The historic decision of the judge set a precedent: now other doctors can be prosecuted for negligence during pre-conception consultations, after which the patients were born with children with a serious illness.
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The judge explained that she agreed with the opinion of the prosecutor, who stated that the doctor Philip Mitchell did not warn her mother about the need to take a course of folic acid tablets before conception and during the first 12 weeks of pregnancy. According to the girl, if her mother knew about this, she would have followed the instructions and postponed conception. Consequently, Tumbs would not have been born and would not have suffered from a serious illness, due to which she sometimes has to spend a day under droppers. In general, the girl considers her birth to be a mistake provoked by the negligence of the doctor.
The case will be returned to court to determine the full amount of compensation for Toombs, if the parties do not agree on this outside the court.
The doctor himself does not agree with the girl's accusations. He claims that he could not be so wrong because he recommends that all patients planning a pregnancy take appropriate supplements.
Spina bifida is an incurable condition that can worsen with age. It occurs in a baby in the first month of the mother's pregnancy and may be accompanied by paralysis and an inability to control urination and defecation.