A group formed of patients harmed by a former neurosurgeon in NHS Tayside have said the public inquiry surrounding his actions is “about time”.
The Patients Action Group (PAG), which represents people operated on by ex-surgeon Sam Eljamel, has spoken out as the first public preliminary hearing of the Eljamel Inquiry convenes in Edinburgh on Wednesday.
Alan Ogilvie a former patient operated on by Mr Eljamel in 1995 and a spokesman for the group, said: “For the dozens of patients who have fought tirelessly for years, this hearing is a significant, if profoundly delayed, milestone.
“We have waited two years since the inquiry was first announced, and even longer since we were first harmed, for this process to finally begin in public.
“While we welcome this step, the immense emotional and physical toll of these delays on patients and their families cannot be understated.
“It is, quite simply, about time.”
Mr Eljamel was head of neurosurgery at Dundee’s Ninewells Hospital from 1995 until his suspension in December 2013.
He is thought to have harmed dozens of patients and left some with life-changing injuries.
The inquiry will investigate the appointment of Mr Eljamel to various professional positions he held between 1995 and 2014 and when concerns were raised about his practice and how those concerns were responded to by NHS Tayside.
It will also investigate whether important information about Mr Eljamel’s professional practice was concealed by him or NHS Tayside and whether the actions taken by the health board and other relevant organisations.
It will also look at whether the systems they had in place were adequate to protect patients.
PAG have been campaigning since 2022 for a full public inquiry to take place, the inquiry was announced in 2023.
The group acknowledges the inquiry chairman Lord Weir’s assurance that he intends to seek evidence from UK-wide regulatory bodies like the General Medical Council (GMC) and the Health and Safety Executive (HSE).
However, it also shares concerns over the Inquiry’s legal terms of reference which prevent it from making binding recommendations about these organisations.
Mr Ogilvie continued: “We welcome Lord Weir’s commitment to seek evidence, but an invitation is not a summons.
“Seeking evidence is not the same as compelling it.
“Without the legal power to force these bodies to be fully accountable and to make official recommendations about their conduct, we are left with a critical weakness at the heart of this public inquiry.
“Patients need a guarantee of full scrutiny, not just an assurance of good intention.
“We continue to urge the Scottish Government to amend the terms of reference to give this public inquiry the teeth it needs to get to the whole truth.”
This Inquiry can make recommendations as to how systems or practices could be improved to protect NHS patients and promote their safety in the future.
Mr Ogilvie said: “For years, patients were repeatedly referred by their trusted GPs, who acted as the gatekeepers to specialist care.
“The public inquiry must not shy away from examining the failures in primary care.
“Was due diligence done?
“Were red flags missed?
“This is not about blaming individuals but about understanding the entire broken system, from the local surgery right through to the regulatory bodies.”
Mr Ogilvie concluded: “The flawed and delayed Independent Clinical Review process directly impacts the public inquiry’s ability to gather evidence.
“Patients have described the ICRs as a ‘one-way communication exercise’, a process that does not feel like a genuine review designed to help them, but another bureaucratic hurdle.
“If this primary source of information cannot command the trust of patients, then the Public Inquiry is building on a weak 1/2 foundation.
“We look to Lord Weir to address these concerns directly.
“We are here to participate meaningfully, but we will not be silent until we have a comprehensive, fearless, and transparent investigation.”
NHS Tayside said it is actively participating in the Eljamel Inquiry.
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