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二分脊椎の女性が妊娠前の過失のアドバイスで母親の医師に対して訴訟に勝ちました

Woman with Spina Bifida Wins Case Against Her Mother's Doctor for Negligent Pre-Pregnancy Advice

A 20-year-old woman has won a major legal victory against the doctor her mother consulted before she was conceived.

Evie Toombes, a para-showjumper from Skegness, イングランド, who was born with a rare form of spina bifida, has been awarded the right to compensation after suing Dr. Philip Mitchell over claims that he failed to properly advise her mother, Caroline Toombes, to take vital supplements before she got pregnant.

NS complaint alleged that had Caroline been told the importance of taking folic acid when trying to conceive to minimize the risk of spina bifida affecting her baby, she would have delayed pregnancy, 結果として, Evie would never have been born.

Folic acid is uniformly recommended for women trying to conceive, なので advised by the CDC, so as tohelp prevent neural tube defects,” such as spina bifida and other major birth defects.

The case explained that Caroline asked Dr. Mitchell in 2001 if she should wait for a period of time before trying to get pregnant after getting off birth control, and even brought up folic acid specifically.

ミッチェル, who had no recollection of Caroline, had to refer to hisinadequatenotes of the exchange and hisstandard practiceof preconception advice, saying that he recommendedfolate if desired,” which the court found to be insufficient advice.

“[Caroline Toombes] remembers the defendant telling her to go home and have ‘lots of sex,’ which she found somewhat blunt. She and Mr. Toombes restarted sexual intercourse after the consultation, and she became pregnant almost immediately [with her daughter, complainant Evie Toombes],” the judgment stated.

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In her ruling, Judge Rosalind Coe QC found that had Caroline been provided with the correct recommended advice, she would have delayed conceptionwhich would have resulted in a normal healthy child.

The case is unprecedented in that it gives someone acause of action,” or reason to sue, for having been born with a serious health condition. It also means that medical professionals can now be found liable for negligent pre-conception advice which results in the birth of a child with a major birth defect.

Evie Toombes

Evie Toombes
クレジット: ビクトリアジョーンズ / プール / AFP

Wednesday’s case referred to Evie as aremarkable young woman,” a para-horse rider with a thriving ツイッターonline presence who continues to inspire as an athlete, advocate andhidden disability ambassador.

の 2018, Evie met with ハリー王子メーガン・マークル after being honored at the WellChild Awards in London. The ceremony recognizes the inspirational qualities of seriously ill children and young people and their families.