Well this might change things in the US if this becomes 'a thing'.
Will abortion be okay then?
An English woman with spina bifida is suing her mother’s former doctor for millions of dollars in health care costs and damages claiming that she should never have been born.
nypost.com
I can understand the woman's POV though, sadly enough.
‘WRONGFUL CONCEPTION’: U.K. woman with spina bifida sues mother’s doctor and wins
Author of the article:
Denette Wilford
Publishing date:
Dec 02, 2021 • 15 hours ago • 2 minute read •
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Young woman and her pony.
Young woman and her pony. Photo by Evie Toombes /Instagram
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A woman in the U.K. who sued her mother’s doctor, claiming she should never have been born, has won potentially millions in damages.
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Evie Toombes, 20, suffers from spina bifida and sometimes spends entire days connected to tubes.
She launched the landmark “wrongful conception” case against Dr. Philip Mitchell, claiming he failed to advise her mother, Caroline, to take vital supplements prior to conception, reported The Sun .
Toombes alleged that if the physician told her mother to take folic acid to minimize the risk of spina bifida affecting her baby, she would have held off getting pregnant and she would not have been born.
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A post shared by Showjumper…+health issues
(@evie.toombes)
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Toombes’ barrister, Susan Rodway, reportedly told the court that her client, a successful showjumper who competes against both able-bodied and disabled riders, was suing for “wrongful conception” for “having been born in a damaged state.”
Judge Rosalind Coe ruled in favour of Toombes, awarding her the right to a huge compensation payout. According to the paper, the exact amount has yet to be confirmed but her lawyers believe it would be “big” since it would cover the cost of her care for the rest of her life.
The judge found that if Dr. Mitchell reinforced the importance of taking folic acid supplements before getting pregnant, Caroline would have delayed conceiving, started taking folic acid, and then attempt to conceive.
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“He told me it was not necessary,” said Caroline. “I was advised that if I had a good diet previously, I would not have to take folic acid.”
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Her daughter was diagnosed with a lipomylomeningocoele (LMM), a form of neural tube defect to the spine leading to permanent disability, shortly after she was born in November 2001.
Despite her successful showjumping career, her mobility is “very limited” and she will require a wheelchair as she grows older. Toombes also suffers bowel and bladder issues, the court heard.
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The doctor’s lawyer denied liability, suggesting Caroline may have already been pregnant at their visit, and that Dr. Mitchell provided her with “reasonable advice.”
But the judge wasn’t having it.
If Caroline had held off getting pregnant, her lawyer said she would have had a “normal, healthy” baby, one that was a “genetically different person” than Evie.
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A STAR showjumper who sued her mum’s doctor – claiming she should never have been born – has won the right to millions in damages. Evie Toombes launched the landmark “wrongf…
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A woman in the U.K. who sued her mother’s doctor, claiming she should never have been born, has won potentially millions in damages.
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