NHS Tayside Reverses Legal Time Limit for Victims of Disgraced Brain Surgeon
In a dramatic policy reversal, NHS Tayside has paved the way for hundreds of alleged victims of former neurosurgeon Sam Eljamel to pursue legal claims, effectively removing a critical barrier that had previously left many fearing they were out of time to seek justice. The health board's unanimous decision to reset the legal clock follows years of intense campaigning by patients who accuse Eljamel of carrying out botched and unnecessary operations during his 18-year tenure in Dundee.
A Landmark Victory for Campaigners
Campaigners have hailed this move as a landmark victory, particularly after an emotional meeting earlier this week between patients and senior NHS leaders. Jules Rose, a key figure in the campaign who had a tear duct wrongly removed by Eljamel instead of a brain tumour, expressed profound relief at the breakthrough. "It has been a major battle to secure this outcome, and all the hard work and campaigning has finally paid off," she stated. "Patients can now look forward to pursuing the financial redress they deserve for the pain and suffering they have endured."
Eljamel, once regarded as one of Scotland's most senior neurosurgeons, faces allegations from former patients of performing surgeries that resulted in life-changing injuries, devastating physical damage, and lasting psychological trauma. Many victims reported being "butchered" and kept in the dark about concerns surrounding his practice, only learning of the alleged failings long after their procedures when the usual three-year legal time limit had seemingly expired.
Removing Legal Barriers for Justice
NHS Tayside's new approach means that former patients will now have three years from the recent announcement to bring forward claims, with the board confirming it will no longer rely on the standard time bar. An NHS Tayside spokesperson explained, "In view of the fact that former patients of Mr Eljamel have learned about issues regarding his practice at different times, and from different sources, and given that there is an ongoing casenote review, the board agreed unanimously to reset the time bar clock." This decision specifically applies to treatment that may have involved negligence by Eljamel or those he supervised.
While the move does not guarantee compensation, it eliminates one of the most significant obstacles facing former patients, offering renewed hope that their cases will finally be heard in court. Fellow campaigner Pat Kelly described the announcement as "a great day for all harmed patients," emphasizing the collective effort behind this achievement. Campaigners have stressed that the legal threshold for medical negligence remains high, but they are optimistic that this policy change will enable victims to obtain the compensation they are entitled to.
The case has drawn widespread attention, with Sky News previously attempting to contact Eljamel, who is now believed to be working at a hospital in Libya. This development follows earlier reports of evidence destruction related to the surgeon, underscoring the long and contentious battle for accountability. As patients prepare to engage legal advisers, this reversal marks a pivotal moment in a saga that has exposed deep-seated issues within medical oversight and patient care protocols.
