Disgraced surgeon's patients consider legal action

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Ninewells protest
Image caption,

Dozens of the surgeon's former patients staged a protest outside Ninewells Hospital

Patients of a disgraced former neurosurgeon are considering a class action against NHS Tayside.

They say they have been left in chronic pain after operations by Prof Sam Eljamel at Dundee's Ninewells Hospital

A damning Scottish government report last month accused NHS Tayside of letting patients down.

Health Secretary Humza Yousaf said he expected NHS Tayside to give the issue the highest priority - a police investigation is also ongoing.

Dozens of patients are also calling for an external and independent review of what happened to them.

They staged a protest to highlight their cause outside Ninewells Hospital.

Image caption,

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

The Scottish government has turned down calls for a public inquiry.

Prof Eljamel, the former head of neurosurgery at NHS Tayside in Dundee, harmed dozens of patients before he was suspended in 2013.

He was allowed to voluntarily remove himself from the General Medical Council's register and is now working as a surgeon in Libya.

Elizabeth Rose from L&M MediLaw said she had been approached by some of Eljamel's patients to look into any harm they experienced under his care, as well as the actions or omissions of Tayside Health Board.

The lawyer also backed the patients' calls for a public inquiry.

She said: "Although our investigations are at very early stages, a public inquiry would allow those affected to understand what happened to them and why."

Image caption,

Jules Rose discovered that Prof Eljamel had removed her tear gland instead of a tumour on her brain.

Jules Rose was among those protesting outside Ninewells Hospital.

After her operation in 2013, Ms Rose discovered that Prof Eljamel had removed her tear gland instead of a tumour on her brain.

She still has not been told exactly when health bosses knew he was a risk to patients.

Ms Rose said that a class action, or group proceeding as it is known in Scotland, was being considered.

However, she said that a public inquiry was the patients' priority.

Image caption,

Jules Rose suffered from a brain tumour and was operated on twice by Sam Eljamel

She said: "Patients have been complaining to NHS Tayside for years and they have got nowhere.

"They have got every door closed in their face.

"Why was Tayside allowing the surgeon to continue butchering people for so many years, what were they doing?

"Where were their systems and processes?

"All these questions need answered by external scrutiny."

An NHS Tayside spokeswoman said the health board was aware of the protest.

She added: "We continue to be in contact directly with Ms Rose and have offered her another meeting with the Chair, Chief Executive and Medical Director.

"Ms Rose has advised that she welcomes this further opportunity for discussion.

"We are also making arrangements for other patients who wish to discuss their circumstances to be invited to a meeting."