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Original poster

Disabled woman suing her mother’s GP for her disability?

45 replies

Soontobe60 · 25/11/2021 07:23

www.thetimes.co.uk/article/spina-bifida-showjumper-evie-toombes-sues-mother-s-gp-over-her-birth-rl66gfmf6?shareToken=0af8f83fcc15890f81a4133dc106ea20
In today’s Times, the article above is about a woman who was born with Spina bifida that has sued her mother’s GP for her condition, claiming that it’s his fault. She claims that he did not correctly advise her mother about taking folic acid supplements before conceiving, and this has resulted in her being born with the condition. This feels wrong to me. The mother claims the GP told her folic acid wasn’t needed if she had a balanced diet, the denied saying it wasn’t necessary.
I had my youngest child 26 years ago. I knew all about taking folic acid supplements before I started trying to conceive, it’s not like it was a new thing.

OP posts:

CandyCaneLane0 · 25/11/2021 13:36

She's a chancer

chesirecat99 · 25/11/2021 14:20

It's hard to believe that anyone could have been unaware of the need to take folic acid supplements during early pregnancy 20 years ago but if a GP advised her it was unnecessary, it is not unreasonable to think that she might take the GP's advice over public health advice.

Although it is correct to say that it is easy to get enough folic acid from a balanced diet, currently, NICE guidelines state that folic acid supplements should be taken while trying to conceive and for the first 12 weeks of pregnancy. I would expect they were the same 20 years ago. Doctors can use their own clinical judgement, they don't have to adhere to the guidelines, but they would need a good clinical reason to do that eg she told the GP that she always ate a bowl of fortified cereal for breakfast every day (which has the same amount of folic acid as a supplement) so it wouldn't be necessary to delay conception until after she started taking supplements.

Dyerun · 25/11/2021 14:24

Read this yesterday, absolutely ridiculous. Yes, I think it's a sign of the times, blame culture for everything

Interested in this thread?

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General health

whitehorsesdonotlie · 25/11/2021 14:53

The woman says she sometimes has to spend 24 hours a day in a treatment tube - what's is a treatment tube? What does it do?

I agree that this case is crazy. It was up to the mother to have taken folic acid.

Birth defects happen for various reasons; they can't always be explained.

FreezerBird · 25/11/2021 15:53

@whitehorsesdonotlie

The woman says she sometimes has to spend 24 hours a day in a treatment tube - what's is a treatment tube? What does it do?

I agree that this case is crazy. It was up to the mother to have taken folic acid.

Birth defects happen for various reasons; they can't always be explained.

Actually it says 'attached to treatment tubes'.

Probably to do with continence - catheters etc.

whitehorsesdonotlie · 25/11/2021 16:09

Sorry - you're right, @FreezerBird. Huh. Hadn't heard the term. Sounds miserable.

Iamaslummymummy · 01/12/2021 18:08

She won at the high Court! Damages not yet been calculated

Ozanj · 01/12/2021 18:13

If you read the article the GP admitted they told her that supplements were less important if you had a good diet which was false. Hopefully she wins. It might make GPs more accountable for the advice they give.

Original poster

Soontobe60 · 01/12/2021 18:14

@Iamaslummymummy

She won at the high Court! Damages not yet been calculated

Bloody hell!

OP posts:

HeyFloof · 01/12/2021 20:15

Sometimes supplements make no difference at all. I've been on 5mg of folic acid for over a year and I eat a good diet. I am about to lose my second spina bifida affected baby.

Ozanj · 01/12/2021 20:21

@HeyFloof

Sometimes supplements make no difference at all. I've been on 5mg of folic acid for over a year and I eat a good diet. I am about to lose my second spina bifida affected baby.

I have the gene where taking folic acid makes things worse. Did doctors check this for you?

HeyFloof · 01/12/2021 20:33

Ozanj Really? No! I've never had any testing done! What is it called? Are you in the UK? How did you find out? The only thing the consultant said was that it's really quite rare to have two SB babies back to back who were both so badly affected.

Sorry for all the questions xx

IncompleteSenten · 01/12/2021 20:36

Well that is just ridiculous. There is absolutely no way to prove what was said!

Ozanj · 01/12/2021 20:55

@HeyFloof

Sorry for all the questions xx

I have a polymorphism on the MTHFR gene. It’s associated with an increased spina bifida risk. I would force them to test you for it as well as other genetic risk factors if they can. If they can’t do it quickly on the NHS most fertility clinics can but it is part of a package of tests that can get really expensive.

ImJustMadAboutSaffron · 01/12/2021 21:14

@EnrouteNOTonroute

Wasn’t there a German guy who tried to sue his parents for bringing him into the world without his consent? Ridiculous

Yes, that was a really odd one.

HeyFloof · 01/12/2021 22:09

That's really interesting, thank you for the information, I really appreciate it. Can I ask what, if anything you do differently now you know? Or did/nt do if you were TTC?

I'm definitely going to push to be tested, and if not, pay. Im just doing a bit of reading around it and given the other symptoms, it sounds genuinely plausible.

Aspidistra1 · 02/12/2021 11:11

Not quite sure what is going on here. There seems to have been some confusion around the dates and initially a discussion about whether the mother was actually already pregnant at the time of the consultation with the GP but then the mother said she stopped the pill on the 11th February and didn’t have sex until after the consultation on the 27th February. Baby was born on the 19th November, not sure at what gestation this was thought to be.

The GP has documented advised folic acid if desired. Or words to that effect. He obviously can’t recall the consultation as it was 20 years ago but says his usual practice was to advise it, it would be less important if you had a good diet but still recommended. Mum is saying he discussed folic acid but wasn’t specific enough about spina bifida.

The type of spina bifida Evie has (Lipomyelomeningocele) isn’t actually one of the ones associated with folate deficiency.

On the basis of this the level of documentation needed for any medical interaction is basically a verbatim record. A really big ask especially in stretched GP practices.

Not a GP but this is a frightening level of stress to be under knowing this might happen for any interaction you have.

gunnersgold · 02/12/2021 11:15

My son has a genetic condition, I had invasive tests in pregnancy that told me he was fine . The doctors got it wrong / didn't pick up the issue . I had considered suing the nhs but it won't change the outcome . Not sure this women will succeed as surely folic acid alone can't control a condition such as Spina bifida, otherwise all babies that weren't given it while in utero would have it !

Aspidistra1 · 02/12/2021 11:24

My son has a genetic condition that wasn’t found in pregnancy either.

I thought the wording was a bit odd saying that if she had delayed conception then a healthy child would have been born. I just don’t think we can know that, there are no guarantees with any pregnancy.

newnameforthehousehunt · 02/03/2022 18:34

Saw this woman on This Morning today and cannot believe she won and it got this far

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