Eljamel: Public evidence hearings begin into rogue surgeon

The inquiry into disgraced brain surgeon Sam Eljamel, who is believed to have harmed hundreds of patients, has started to hear its first public evidence.

Eljamel was a consultant neurosurgeon at Ninewells Hospital in Dundee from 1995 until his suspension in December 2013.

A public inquiry is taking place after patients of Eljamel raised concerns that he had caused harm to as many as 200 people.

The first phase of hearings this week include the broad trajectory of Eljamel's career, evidence relating to him being placed under supervision in 2013, and NHS Tayside's document management and retention systems.

Following his suspension, Eljamel resigned from his post in May 2014 and removed himself from the General Medical Register in 2015.

He is now believed to be working as a surgeon in Libya.

Numerous attempts by the public inquiry to contact him have been unsuccessful.

The first witness was Liz Smith, former MSP for Mid-Scotland and Fife, who represented a number of Eljamel's former patients and helped to campaign for the public inquiry.

She said she felt a "moral responsibility" to help the former patients and "put it top of my agenda".

Smith said: "The scandal for me is not just about Eljamel's horrible medical malpractice and all the dangers he has put upon his patients.

"It's about the oversight or lack of oversight, especially when concerns were raised.

"That's the nub of the concern among most patients."

Smith said she thought that "somebody somewhere must have known why this had happened".

She said that she followed the "normal processes" in asking NHS Tayside for information and had escalated these to Freedom of Information requests, hoping to get the information required but that "was not the experience".

Smith added: "I felt it was my responsibility as a parliamentarian to go through every possible channel I could that I thought was appropriate to get the answers that they (patients) were seeking.

"It was that sense of frustration that persuaded me that a public inquiry was absolutely essential, because all the other means of trying to get to the truth had been exhausted."

Prior to Smith's evidence, Jamie Dawson KC, the inquiry's senior counsel issued an "unequivocal call for evidence" and said the inquiry is "open to being approached".

He said: "I wish to invite any medical professionals, current or former, with an interest in our work to make contact with the inquiry directly to explain what evidence they feel they can offer."

Former patient Jules Rose led the campaign for a public inquiry.

In 2013, Eljamel removed a tear gland instead of her brain tumour.

Eljamel performed a second operation on her later that year, the day before he was suspended by the health board.

Rose said: "It's been a long, arduous, harrowing process for over 10 years.

"We're ready now to sit down and listen to what's going to unfold.

"For us, it's been Groundhog Day, repeatedly standing up there shouting and screaming for our voices to be heard."

Rose said the impact of Eljamel's actions on her fellow patients was hard to describe.

She said: "We've had patients who have bravely spoken up in the media, they've wanted to take their own life because they cannot live with the pain.

"We have patients that are being diagnosed with trauma, PTSD - that never goes away.

"The lasting pain, whether its physical or mental, is there with the patient for the rest of their life."

Eljamel was the head of the neurosurgery department in Ninewells - one of just four specialist centres in Scotland.

He was also an adviser to the Scottish government and worked at Fernbrae private hospital in Dundee.

A BBC Disclosure investigation in 2018 found that Eljamel had harmed patients for years at NHS Tayside.

He was allowed to continue operating even after an external investigation found he was injuring patients.

A police probe into Eljamel's actions, called Operation Stringent, was launched in 2018.

Lord Weir, chairman of the inquiry, said he was committed to conducting a "robust, thorough and impartial" investigation.

The inquiry heard opening statements last November.

These included the revelation that NHS Tayside destroyed 40 theatre logbooks potentially relating to Eljamel, despite being ordered not to do so.

The inquiry will hold evidential hearings in six sections.

During the first phase of hearings the inquiry will hear from witnesses including representatives of NHS Tayside, the Scottish government, Dundee University, and regulatory or professional bodies.

The second phase, in December, will hear evidence from former patients of Eljamel, while the third will cover evidence from medical and other professionals.

Section four will hear evidence from other organisations which could or should have had a role in oversight in the interests of Eljamel's patients.

Section five will hear evidence from representatives of NHS Tayside and the Scottish government, with the inquiry concluding in section six by considering what lessons could be learned from the evidence gathered.

The inquiry, taking place in Edinburgh before Lord Weir, continues.