Neurosurgeon allowed to operate despite incompetence investigation

Prof Sam Eljamel
Prof Sam Eljamel worked at NHS Tayside from 1995 until his suspension in December 2013

The NHS put patients at risk by allowing a disgraced neurosurgeon to operate on them unsupervised even after he was put under investigation for suspected incompetence.

NHS Tayside admitted that Prof Sam Eljamel had carried out 111 procedures even after it was decided that he should be placed under supervision due to concerns over his performance.

The health board has now admitted he was “inadequately monitored” and should not have been allowed to carry on working in operating theatres without direct oversight.

It admitted that these patients were placed “at potential risk of harm” due to the failures.

Of the 111 cases, complaints were received from nine patients and two legal claims were made, both of which were settled. In previous cases Prof Eljamel left patients with lifelong injuries after botching procedures.

The review carried out by the health board also found that an investigation was dropped in 2014 when Prof Eljamel decided to retire and that it allowed him to quietly be removed from the medical register without further action.

Demands for public inquiry

Alleged victims of the surgeon are demanding a public inquiry into how he was able to carry on working for so long despite a catalogue of errors.

One former patient has been left with PTSD after the former head of neurosurgery at NHS Tayside removed a tear gland instead of a tumour.

Another patient discovered years after a spine operation that Prof Eljamel had in fact not carried out the intended surgery but made an incision that caused scar tissue, meaning the procedure can now not be done.

He worked at NHS Tayside from 1995 until his suspension in December 2013 and retired in 2014. However, he began working again as a surgeon abroad after he fled Britain and returned to his native Libya.

The NHS Tayside report said: “These patients were placed at potential risk of harm due to the inadequacy of the supervision arrangements.”

Dr Pamela Johnson, NHS Tayside executive medical director, told a board meeting on Thursday: “Police Scotland were involved at some stage. I can’t give you any more information than that.

“I have written to the patients who had their operation between June 21 2013 and December 10 2013 to inform them about the findings of the review and to sincerely apologise on behalf of the board.”

Opposition parties at Holyrood have backed calls for a full public inquiry. However, the Scottish Government has so far refused to order one, claiming it would take too long.

The review found that internal procedures had failed to identify concerns about the surgeon’s actions until a patient complaint in December 2012 triggered a procedure known as a significant clinical event analysis. This “identified issues” with his clinical practice and an external review was commissioned by the Royal College of Surgeons (RCS).

Restrictions placed on clinical practice in 2013

In June 2013, it was decided he should be placed under clinical supervision, with “restrictions” placed on his clinical practice.

He was allowed to continue operating on patients unsupervised, even after an interim finding from the RCS review in October 2013 raised “probity concerns” and said it found “signals of a poor doctor”.

Prof Eljamel was allowed to continue working for another three months, before finally being suspended in December 2013.

Dame Jackie Baillie, Scottish Labour’s deputy leader said: “Those who failed to end this scandal must be held to account.

“We need a full public inquiry and we need Government ministers to come before the Scottish Parliament immediately and explain what they knew about this scandal and when.”

Michael Matheson, the SNP health secretary, said: “This is a thorough report and lays bare some of the failings in NHS Tayside’s response to concerns over Prof Eljamel.

“It is clear from this review that these were not acted upon with the urgency they deserved.

“What is important now is that those people directly affected are supported to find the answers they need, and that both staff and patients across Scotland know lessons are being learned.

“For that to happen properly, I have been clear that this needs investigation independent of both NHS Tayside and the Scottish Government. We will provide more details on this shortly.”