Expert Witness Journal Issue 67 June/July 2026 - Flipbook - Page 73
Evidentially, the 昀椀rst port of call is the death
certi昀椀cate. Often one will see the road tra昀케c
accident or injuries sustained at the time of the
accident being noted as a primary or, more likely,
secondary cause of death. Often this is su昀케cient to
establish that the accident materially contributed
to the individual’s death. Much will depend on the
insurer’s view of this as to whether further evidence
is required pre litigation or whether a claim can
be resolved without the need for this. If the case
requires to be litigated, it would always be prudent
to obtain expert evidence in respect of causation
unless there is a clear admission by the defenders on
record.
due to the estate after death. This is a point that can
often be overlooked.
A further consideration is life expectancy of the
deceased. It should not be ignored as likely, this
will be factored into any settlement in these cases.
Expert evidence will be required to comment on this
point if there is to be a departure from the usual
approach of using the Ogden Tables. Of course, it is
preferred that medics comment on this rather than
statisticians, but this often is a live issue that requires
due consideration when pursuing these cases.
These cases can be di昀케cult to pursue, and it is
important that practitioners have the relevant
experience to navigate the terrain of cases where
death comes sometime later after the accident. At
Digby Brown LLP, 3 of our partners, David Wilson,
Mark Gibson and Kirsty O’Donnell are the only
solicitors in Scotland to have the Fatal Accident
Accreditation from the Association of Personal
Injury Lawyers (APIL). Expertise in this area of
law is crucial in being able to pursue these cases
properly and sensitively. In any fatal case, the family
is the priority because pursuing these cases, often
in the pursuit of truth about what happened at the
time of an accident or justice, comes at a personal
cost to them. It is important that they are dealt with
e昀케ciently to ensure the process is as least distressing
as possible.
If the accident or injuries sustained at the time are
not noted on the death certi昀椀cate, then this does not
necessarily preclude the fatal family claims. Medical
evidence is then required from an appropriate
expert to comment on whether the injuries sustained
at the time of the accident caused or materially
contributed to the accident. It may be that there are
competing expert reports in this regard between
parties and it then will be a question of the court to
determine at proof.
A practical side note to pursuing these claims is to
ensure that the individual has a will or if he or she
does not, that a timeous application is made to the
court to allow an executor dative to be appointed.
This will be required to pursue the heads of claim
Mr Wail Ahmed
Mr. Henry Budd
Consultant in Spinal Cord Injuries
Consultant Spine Surgeon
MBBS, IMRCS, MSc (Trauma & Orthopaedic Surgery),
FRCP, FEBPRM
MBChB(Hons) FRCS(Orth)
I am an experienced professional UK-trained specialist
medical doctor, with Certificate of Completion of Training
in Rehabilitation Medicine, who has been working as a
Consultant in Spinal Cord Injuries in the National Spinal
Injuries Centre in the UK since February 2017.
Mr Henry Budd is a Consultant Spinal Surgeon at the Royal Devon University
Healthcare NHS Foundation Trust working full-time in a NHS England Regional
Centre for Specialist Spinal Surgery. He has been Clinical Lead for Spinal Surgery
since October 2022. He qualified from the University of Birmingham in 2004 with
overall Honours and completed Higher Surgical Training (CCT) on the Cambridge
Orthopaedic Program becoming Fellow of the Royal College of Surgeons (England)
in 2013.
Clinically, I have a vast experience in Spinal Cord Injuries
Medicine in general including; the holistic management
of the conditions of tetraplegia and paraplegia with the
sequelae of neurogenic pain, neurogenic spasms/spasticity,
neurogenic bladder, neurogenic bowels, neurogenic sexual
dysfunction, neurogenic respiratory dysfunction, neurogenic
autonomic dysfunction, neuropathic pressure sores etc.
Fellowships were completed at the Exeter Spinal Unit and Schoen Klinik Munich with
travelling Fellowships to Hospital for Special Surgery New York and University of
California San Francisco. He was a Consultant Spinal Surgeon from 2015-2018 at The
Ipswich Hospital Spinal Unit and Mid-Essex Hospitals NHS Foundation Trust.
Mr Budd’s principle interest is the management of adult spine conditions.
I have special interest and competence in performing video-urodynamic
studies, flexible cystoscopy with intravesical detrusor botulinum toxin
injections and surgical management of pressure ulcers in spinal cord injury
population. This is in addition to other generic skills including botulinum toxin
injections of limb muscles using Ultrasound and EMG Needle Amplifier machine,
intra-articular and triggers point injections.
Areas of expertise include:
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Potential negligence and personal injury cases include all aspects of extra-dural spinal
pathology including post-spinal intervention complications.
My expertise as an expert witness is mainly around providing medic-legal reports
of condition and prognosis for the conditions of paralysis due to spinal cord injury and
cauda equina syndrome, including police reports, coroners’ reports, initial
medicolegal reports. My most recent case as claimant medical expert was settled out
of court in for £3.25 million with legal costs in December 2023. I have
undertaken specialist Expert Witness training.
Mr Budd has medico-legal experience with over 500 spinal Medical Expert Reports
completed (50% Claimant 50%Defence) between 2015-26.
Spinal sub-specialty only including claimant and defence work for Personal Injury and
Medical Negligence.
Website: www.unitedspine.co.uk/#contact
Contact: Mr Ahmed
Tel: 01296 482 804 - Mobile: 07826 169 278
Email: wama2410@gmail.com - Alternate Email: wailawad2009@gmail.com
Address:, 35 Gwendoline Buck Drive, Aylesbury, Buckinghamshire, HP21 9FN
EXPERT WITNESS JOURNAL
All aspects of adult vertebral column injury and trauma
Cauda Equina Syndrome
Spinal infection, tumour, adult deformity and degenerative conditions
Cervical, thoracic and lumbar reconstruction
71
JUNE 2026
