We often hear of lawsuits and sometimes, they may surprise us with the details behind them. Win or lose, it always seems as if there is something interesting on the table.

In what seems to be a first, a young woman who lives in the UK sued her mother’s doctors for negligence. This wouldn’t be that unusual, except the negligence occurred before she was born.

20-year-old Evie Toombes won the case against Dr. Philip Mitchell on the grounds of ‘wrongful conception.’ It occurred because she was born with spina bifida, a condition in which the spinal cord and spine don’t develop in the womb, so there is a gap in the area.

Because of dealing with spina bifida, she has had lifelong issues with her bladder, bowels, and legs. A wheelchair has to be used to get around for the majority of the time and she always felt as if she was owed damages for just being born.

She spoke on the British chat show, This Morning in 2022, saying: “My mum specifically went to advice before conceiving because she was coming off the pill and wanted to make sure everything was OK.

“She didn’t have a family of her own – usually you’d probably go to your mum – she didn’t have her mum to go to so just wanted to talk to the GP and find out if everything was OK.”

She said her mom asked if she needed to take folic acid, and he said it wasn’t necessary. She went on to say: “Then what transpired when I was born, and my mum was looking to have a second child and make sure if there was anything she could do to prevent it again, [was] that actually she should have been told about folic acid.”

It is known that folic acid will reduce the possibility of spina bifida. According to the argument in court, the mother would not have proceeded with pregnancy as quickly if she would have been aware of the situation.

The lawyer said: “This was a very precious decision to start a family, because she herself had lost her parents when she was young. They had been refraining from sexual intercourse until after they had received advice at this consultation.”

The lawyer for the doctor says that he had given reasonable advice to the mother. Ultimately, the court ruled in favor of Toombes, saying that the mother was ‘not advised in accordance with the guidance to take folic acid prior to conception and for the first 12 weeks of pregnancy’.

The judge said: “Had she been provided with the correct recommended advice, she would have delayed attempts to conceive. I therefore find that the claimant’s claim succeeds on liability.”