Victims of Sam Eljamel told time bar for compensation claims is lifted
It means patients harmed by the disgraced former head of neurosurgery at Ninewells Hospital can sue the health board for compensation
Last updated 7 hours ago
Victims of disgraced NHS Tayside neurosurgeon Sam Eljamel could be a step closed to financial compensation, after the health board confirmed it is lifting a time bar on claims.
People who have been harmed by the rogue surgeon have, until now, been told there is a three-year time limit on claiming for compensation.
But now, in a letter seen by Planet Rock News NHS Tayside has announced that it is resetting that time bar.
READ MORE: First Minister confirms Public Inquiry into former NHS Tayside surgeon Professor Eljamel
The letter reads: “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 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 that NHS Tayside will not apply time bar in respect of any claim by patients of Mr Eljamel during the period of three years from today.
“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.
“We are absolutely committed to continuing to work with the patient group in a positive, listening way and we hope that this engagement can continue.”
Reacting to today’s development Scottish Labour MSP Michael Marra, who alongside Willie Rennie from the Scottish Lib Dems and Scottish Conservative MSP Liz Smith, has backed the campaign for compensation for victims told Planet Rock News: “I think it’s a really good development.
“It’s really positive that, at long last, NHS Tayside are beginning to understand the scale of the distress and harm (caused by Sam Eljamel) and are trying to build trust again with these victims.”
READ MORE: Inquiry hears how NHS Tayside 'destroyed logbooks for Eljamel patients'
The move is also being welcomed by Levy & McRae, the law firm representing numerous Eljamel patients.
Suzanne Williams, Legal Director said : "This is a momentous victory for our clients, earned through their prolonged and courageous campaign. This action by NHS Tayside finally guarantees that justice and accountability are accessible to everyone harmed by Mr. Eljamel's practice or those he supervised. We urge all affected patients to immediately seek comprehensive legal advice on their individual cases.
"If you have been affected by medical negligence as a result of the actions of Sam Eljamel or NHS Tayside and wish advice, please contact our specialist team on 0141 307 2311 or email us at [email protected]."
Sam Eljamel was head of neurosurgery at Ninewells Hospital between 1995 and 2013. It is believed he may have harmed as many as 200 patients through botched procedures during that time.
A public inquiry has been established to determine whether patients were let down by failures in clinical governance, risk management, and complaints procedures at NHS Tayside, and to what extent Eljamel's private practice, research, and workload impacted on the care received by his patients.
In November, during opening statements, it was revealed NHS Tayside destroyed about 40 logbooks for patients treated by the shamed neurosurgeon, despite a "do not destroy" order.