NHS Tayside Resets Legal Time Bar for Eljamel Patients
NHS Tayside has removed a significant obstacle for patients of the disgraced surgeon Sam Eljamel by resetting the time bar for legal claims against the health board.
Campaigners highlighted that the existing three-year legal time bar was preventing many victims from pursuing compensation claims against NHS Tayside.
Eljamel, who served as head of neurosurgery at Dundee's Ninewells Hospital until his suspension in December 2013, caused harm to dozens of patients, leaving some with life-altering injuries.
Former patients and campaigners Jules Rose and Pat Kelly described the decision as "a landmark victory."
"I am truly delighted to hear this news.
It has been a major battle to secure this outcome, and all the hard work and campaigning has finally paid off.
It is deeply regrettable that it has taken so long, but patients can now look forward to pursuing the financial redress they deserve for the pain and suffering they have endured."
The campaigners stated that former patients will now be able to consult solicitors and potentially initiate actions in the Court of Session.
On Monday, former Eljamel patients met with senior members of the NHS Tayside board.
They emphasized that the removal of the time bar "does not guarantee compensation" but acknowledged that "it is a start."
"We recognise that the legal threshold for medical negligence is high, but we sincerely hope this will not prevent harmed patients from obtaining the compensation to which they are entitled."
NHS Tayside Board Supports Resetting Time Bar
NHS Tayside expressed full support for the decision at a board meeting held on Thursday.
A spokesperson for the health board 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 case note review, the board agreed unanimously that NHS Tayside will now reset the time bar clock from today.
This is in respect of treatment which may have involved negligence by Mr Eljamel, or those he supervised."
This means NHS Tayside will not enforce a time bar on any claims by Eljamel patients for the next three years.
The spokesperson added:
"As a result, the barriers as described by the patients to us, which were stopping them pursuing a claim with legal representatives, have been removed.
Patients can now take immediate steps to start their discussions with legal advisors."
Background on Eljamel and Inquiry Progress
Following his suspension, Eljamel resigned in 2014 and is currently believed to be practicing in Libya.
A public inquiry into Eljamel's conduct heard opening statements in November.
The inquiry's first section of evidence, which will focus on Eljamel's career trajectory and general background, is scheduled to begin in April, two months later than initially planned.
The second section, which will include testimony from patients, is set to commence in September 2026.
Previously, the inquiry was informed that forty theatre logbooks potentially related to Eljamel were destroyed by NHS Tayside in July of the previous year, despite an order to preserve them.
