Theatre logbooks of disgraced surgeon destroyed by NHS staff

Sam Eljamel was the head of the neurosurgery department at Ninewells Hospital in Dundee

Forty theatre logbooks potentially relating to disgraced surgeon Sam Eljamel were destroyed by NHS Tayside in July despite an order not to do so, a public inquiry has heard.

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.

Joanna Cherry KC, speaking on behalf of the patients' group, told the Eljamel Inquiry that the decision to destroy the logbooks, which included the years 1995 to 2013, "beggars belief."

NHS Tayside said it "deeply regretted" the error, which it said happened because staff were not aware of the logbooks' connection with Eljamel.

The inquiry is hearing opening statements from its core participants in Edinburgh.

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

The inquiry said previously that various efforts to contact him had been unsuccessful.

Joanna Cherry KC addressed the inquiry on behalf of the patients' group

Ms Cherry told the inquiry that NHS Tayside's written submission to the inquiry contained the revelation about the destroyed hard copy theatre logbooks.

She said: "It beggars belief that this should have occurred, notwithstanding everything that has gone before.

"Patients and their representatives have repeatedly raised concerns that their medical records may have been tampered with and been incomplete."

Ms Cherry said that it "should have been obvious" that the logbooks might have provided "vital evidence" for the inquiry to "fill gaps" in patient records.

She noted that inquiry chair Lord Weir had issued a formal "do not destroy" notice to the health board in October 2024.

Ms Cherry said: "We fail to see how this wanton destruction of vital evidence could have happened if NHS Tayside had put proper systems in place to comply with that do not destroy notice."

Patient records

Una Doherty KC for NHS Tayside said the 40 logbooks, some of which dated back to the 1960s, had been destroyed under NHS Tayside's health records strategy.

She said that some of the logbooks "may have contained" information of "potential assistance" to the inquiry.

Ms Doherty said the staff members who destroyed the logbooks were not aware of the connection between the theatre logs and Eljamel.

She added: "The logbooks related to surgeries undertaken by Mr Eljamel and other members of staff.

"NHS Tayside has ascertained that much of the information normally contained in the destroyed logbooks should still exist in patient records, if those still exist.

"It is hoped much of the information will still be available to the inquiry albeit in a different format."

She said that NHS Tayside "deeply regrets" the error and is "committed to ensure that it does not happen again".

The inquiry heard an opening statement on behalf of NHS Tayside by Una Doherty KC

The inquiry was told that patients had been due to give evidence in April, but have now been told the sessions will take place in September, three years after the inquiry was announced.

Ms Cherry told the inquiry of what she described as a "small flavour of the human cost of Eljamel's actions and inactions".

These included a patient of Eljamel who had a titanium plate inserted into her spine despite having a known metal allergy and another patient who was left paralysed from the neck down.

She said another patient described Eljamel's "appalling histrionics" when the results of surgery that had gone wrong came to light.

She added that other patients had lost their homes, marriages, and jobs.

Ms Cherry said that the inquiry had been "a long time coming and very hard fought for."

She said the former patients must be "at the heart of the inquiry."

Ms Cherry concluded: "The group are confident that the inquiry will strive to uncover the truth and shine a light on what has for too long been shrouded in secrecy."

Una Doherty KC for NHS Tayside said the health board offered its "sincerest apologies" to patients who had suffered as a result of Eljamel's actions.

She said: "At a time when many patients were faced with frightening diagnoses and the reasonable belief and trust in NHS Tayside to keep them safe, they were let down.

"NHS Tayside is very sorry for the events that happened and fully acknowledges that, in many cases, the situation was exacerbated by the way in which it managed patients' complaints and concerns."

Ms Doherty said NHS Tayside welcomed the opportunity for the "serious matters" raised by patients to be investigated in the inquiry.

The hearing also heard opening statements from the inquiry's senior counsel, the Scottish government, and the Royal College of Surgeons (Edinburgh).

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

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