NHS Tayside resets legal action timebar for Eljamel patients

NHS Tayside has removed a hurdle for patients of disgraced surgeon Sam Eljamel to sue the health board after resetting a time bar for legal claims.

Campaigners said the three-year legal time bar was preventing many victims pursuing compensation claims against NHS Tayside.

Eljamel, who was head of neurosurgery at Dundee's Ninewells Hospital until his suspension in December 2013, harmed dozens of patients and left some with life-changing injuries.

Former Eljamel patients and campaigners Jules Rose and Pat Kelly said the decision was "a landmark victory."

Rose said: "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 said former patients would now be able to consult solicitors and potentially raise actions in the Court of Session.

Former patients of Eljamel met senior members of the NHS Tayside board on Monday.

The campaigners said that the removal of the time bar "does not guarantee compensation" but "it is a start."

Rose added: "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 said it gave its full support for the move at a board meeting on Thursday.

A spokesperson for the health board said: "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."

NHS Tayside said this means it will not apply a time bar in respect of any claim 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."

Following his suspension, Eljamel resigned in 2014 and is now believed to be operating in Libya.

A public inquiry into Eljamel heard opening statements in November.

The inquiry's first section of evidence, focusing on Eljamel's career trajectory and general background, will begin in April, two months later than initially planned.

The second section, which will include evidence from patients, will begin in September 2026.

The inquiry was told previously that forty theatre logbooks potentially relating to Eljamel were destroyed by NHS Tayside in July last year, despite an order not to do so.