It’s fairly unusual for people to wish they hadn’t been born in the first place. Yet very few, if any, have ever brought their plight to the highest court in the land.
However, a young woman called Evie Toombs recently accomplished precisely that. Evie successfully sued her mother’s physicians in a landmark lawsuit for permitting her to be born in the first place.
Evie Toombs is an accomplished amateur showjumper.
Evie has had a lifetime passion for horses and began show jumping in 2012. She has now gone on to earn many podium places and has become a sport ambassador for her community.
You might not detect it by looking at her, but Evie has a chronic illness.
Evie was born with Spina Bifida, a spinal abnormality in which part of an individual ‘s spinal cord is visible via a breach in their backbone. As a result, Evie must spend up to 24 hours a day attached to numerous tubes.
Evie decided to pursue a one-of-a-kind damages action in November 2021. Evie sued her mother’s general practitioner, Dr. Philip Mitchell, for “wrongful conception” in a historic court case.
In the lawsuit, Evie alleged that Dr. Mitchell neglected to adequately counsel her mother (Caroline Toombs) about the importance of taking critical supplements while trying to conceive.
Evie claimed that Dr. Mitchell neglected to adequately communicate the need of folic acid to Caroline.
Folic acid supplementation can help reduce the risk of Spina Bifida.
Evie believes that if Dr. Mitchell had communicated this, her mother would have delayed trying to conceive, and as a result, Evie would not have been born.
On December 1st, 2021, the judge decided in Evie’s favor, creating a new precedent. Judge Rosalind Coe ruled that if Caroline Toombs had been convicted, “If she had followed the offered counsel, she may have postponed her attempts to conceive. Given the conditions, there would have been a later conception, resulting in a typical healthy kid ” according to Judge Coe.
This implies Evie is now liable to a large sum of money.
When questioned what the monetary value would be, Evie’s lawyer refused to say, just that it would be large enough to meet the costs of Evie’s lifetime care demands.
The precedent that has now been established is more important than the judgement itself.
With Evie’s ruling now in effect, if a child is born with a congenital/serious health condition, healthcare practitioners may now be held accountable for negligent preconception counseling.
Evie’s case will be heard in court again in the new year to determine the payout sum.
The best way to prevent a legal battle would be for both sides to reach an amicable solution.
Until then, Evie will continue to pursue her passions: horses and raising awareness for those suffering from “invisible illnesses.”
The E.N.D. Campaign is one of the ways in which Evie is able to impact change.
The term E.N.D. stands for “Educate Not Discriminate.”
Evie accomplishes this “by spreading awareness since she does not want any other person (kid or adult) to go through the same struggle if there is something that can be done to aid them on their route,” she says on her website.
Since she was 12, Evie has been writing about her daily life and problems.
Evie explained that she writes her blog to discuss her story as a para showjumper and an adolescent with health concerns, as well as the work she does and the development she has made inside the foundation.
Since then, Evie’s blog has grown in popularity, permitting her to tackle sensitive health issues without fear of repercussions.
Those interested in following Evie’s journey or learning more about the E.N.D. Campaign should visit Evie’s website and blog.
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