Surgeon Muftah Salem Eljamel ordered to pay £2.8m compensation bill
- Published
Sam Eljamel was the head of the neurosurgery department in Ninewells Hospital in Dundee
A surgeon whose negligence left a woman with "life-changing injuries" has been ordered to pay his former patient's £2.8m compensation claim in full.
Judge Lord Uist ruled that Muftah Salem Eljamel was entirely to blame for leaving Carolyn Almond-Roots with serious disabilities.
Ms Almond-Roots sued Mr Eljamel and NHS Tayside after developing a rare spinal condition in 2013.
Mr Eljamel was head of neurosurgery at Ninewells Hospital in Dundee.
He can no longer work in the UK after removing himself from the General Medical Council (GMC) register when restrictions were placed on him.
However, an investigation by BBC Scotland in 2018 found the surgeon, known as Sam, was working in Libya.
The court heard that Ms Almond-Roots attended the accident and emergency department at Ninewells on 4 February 2013 complaining of pain spreading upwards from her thigh, before being referred to the department of neurosurgery.
An advanced nurse practitioner, working under Mr Eljamel, examined Ms Almond-Roots and believed she required an emergency MRI scan and specialist surgery.
However, Ms Almond-Roots was discharged after Mr Eljamel decided she did not have the spinal condition Cauda Equina syndrome and could have a scan as an outpatient.
A BBC Scotland investigation in 2018 found the surgeon was operating in the Libyan city of Misrata
Mr Eljamel operated on Ms Almond-Roots on 16 April 2013 at Fernbrae Hospital in Dundee after she opted to be treated privately.
The court heard how following her operation, Ms Almond-Roots complained to Mr Eljamel about her condition worsening.
She was prescribed steroids for nerve root damage by the surgeon. He then referred her again to Ninewells where it was revealed her condition was "irreversible".
People with Cauda Equina syndrome can experience sciatica on both sides, numbness in the legs and their genitals, as well as incontinence.
Ms Almond-Roots was awarded £2,810,118 following proceedings at the Court of Session earlier this year.
The award was made after both Mr Eljamel and NHS Tayside accepted liability for Ms Almond-Roots's injuries.
Neurological harm
Lord Uist then heard submissions from lawyers about apportion - how much blame each party should bear as a consequence of their wrongdoings.
In a written judgement issued by the court on Tuesday, external, Lord Uist concluded that Mr Eljamel should take all of the blame. This means the surgeon should pay all of his ex-patient's settlement.
At proceedings earlier this year, the court heard that Mr Eljamel was head of neurosurgery at NHS Tayside, as well as working at Dundee's Fernbrae private hospital.
He was also an adviser to the Scottish government.
Lawyers for Mr Eljamel argued equal blame in the case should be attributed to the negligence of NHS Tayside.
However, Lord Uist said he agreed with submissions from NHS Tayside's lawyers that it was the surgeon's actions which caused Ms Almond-Roots's injuries.
The judge added: "In my judgment it would be unjust to find the second defenders liable to contribute to the damages for the Cauda Equina syndrome which the pursuer has suffered."