Your Path to Securing Justice and Compensation under the Eljamel Public Inquiry.
If you were a patient of Professor Sam Eljamel at NHS Tayside, you may have rights to answers and compensation. This guide discusses the current Public Inquiry status and the changes to legal time limits impacting your pursuit of justice.
What is the Eljamel Inquiry?
The Eljamel Inquiry is a public investigation into the actions of Professor Mr. Muftah Salem ‘Sam’ Eljamel, the former head of neurosurgery at Dundee’s Ninewells Hospital. Known to have harmed dozens of patients through negligent practice, leaving many with life-changing injuries, leading to his suspension in 2013.
The inquiry, initiated in late 2025, investigates the clinical failures and insufficient oversight by NHS Tayside, as well as the destruction of crucial medical evidence.
It focuses on significant concerns regarding patient harm, questionable clinical choices, and systemic oversight deficiencies within NHS Tayside. Offering a re-evaluation of timelines for the chance of survivors’ justice and compensation.
Who might be affected?
This investigation covers any patient treated by the disgraced neurosurgeon Eljamel or staff under his direct supervision before his resignation in 2014.
Historically, a significant number of victims were restricted from seeking justice due to the statute of limitations, a three-year legal time limit. Campaigners argued that this strict window prevented many from pursuing the compensation they were rightfully owed by the health board.
In a landmark decision, NHS Tayside has officially removed these hurdles by resetting the time bar for claims related to Eljamel. This waiver effectively reopens the door for those who previously believed they were “too late” to file a claim.
The reset applies not only to Eljamel’s direct surgical actions but also to negligence by staff operating under his leadership.
A spokesperson commented, “It has been a major battle to secure this outcome, and all the hard work and campaigning have finally paid off. Regrettably, it has taken so long, but patients can now look forward to pursuing the financial redress they deserve for the pain and suffering they have endured.”
What Are Your Options?
In the progression of next steps and your options as a survivor, the removal of the legal time limit does not automatically guarantee compensation, but it opens the door for patients to take formal action.
If you were affected, you are now free to seek legal advice to determine if you have a viable claim for medical negligence outside of the three-year limit. Therefore, cases can now be brought before the Court of Session without being immediately dismissed due to the date of the injury.
This means that the Public Inquiry is now structured to hear patient evidence starting in September 2026, offering a vital opportunity to have your experience officially recorded.
How the Legal Process Works
At Oakwood Solicitors, we understand that navigating a medical negligence claim can feel daunting, but the process follows a structured path.
You will begin this process with a confidential consultation with a legal expert to discuss your history and treatment. Solicitors will gather your medical records, including any findings from the ongoing NHS Tayside case note reviews.
Once, independent medical experts are instructed to confirm whether the care you received fell below acceptable standards. It will lead to the negotiation or litigation aspect of your claim. Hereby, many claims are settled through negotiation with NHS Tayside’s legal team, though some may proceed to the Court of Session.
As a result, the barriers which were stopping patients from pursuing a claim with legal representatives have been removed. Allowing patients to now take immediate steps to start their discussions with legal advisors.
Critical Time Limits
In Scotland, medical negligence claims are usually subject to a three-year time limit from the date of inquiry or when the harm became known. However, in the case of the Eljamel Inquiry, there may be arguments for exceptions or extensions depending on individual circumstances.
Therefore, with the new implementation of inquiry rules in place, NHS Tayside has committed to not applying a time limit for the next three years (from early 2026).
It is important to note that, given the health board destroyed some theatre logbooks, early legal intervention is crucial to secure whatever evidence remains.
While the barrier has been removed, it is essential to start discussions with legal advisors immediately to ensure your claim is prepared within this new window.
If you want to protect your rights and seek the justice you deserve, contact a solicitor today before it’s too late.
Support services and Further information:
If you would like to read more about the extremities of the findings of Eljamels preposterous negligent actions against innocent victims. Watch “Harmed by my surgeon,” produced by BBC Disclosure in September 2018.
The Patients’ Action Group is here to support you throughout all aspects of your claim and future endeavours.
Read more here: NHS Tayside resets legal action timebar for Eljamel patients.
Frequently Asked Questions
What could be deemed negligent?
Your surgery and care should meet certain clinical standards; however, any surgical procedure carries a degree of risk. Even the most routine procedures involve a patient entrusting their life to a team of doctors.
When a surgical procedure goes wrong due to an avoidable surgical error, the effects can have a life-altering impact, both physically and psychologically, on the patient.
Surgical negligence happens when surgeons or other medical professionals make mistakes during your operation, leaving you with avoidable problems or injuries. This can include:
- Performing the wrong operation/operating on the wrong body part
- Leaving foreign objects in the body
- Failing to inform you about the possible risks of surgery or to check your suitability for surgery
- Injecting too much or too little anaesthesia
- Causing avoidable nerve damage or injury to your organs.
Negligent surgical treatment can severely affect a patient’s life, recovery period, and in more serious cases, result in death.
If you’ve received negligent surgical treatment which has left you in a debilitating condition or unnecessary pain and suffering, you may be eligible to make a clinical negligence claim.
Who can bring about a claim?
The victim of the negligence can bring about a claim in their own right. However, it is often sadly the case that the victim is either unable to bring about a claim or has sadly passed.
In such circumstances, a claim can be brought about on their behalf either by an appropriate person or litigation friend if the victim is still with us or by the executor of the estate of a surviving dependant if the victim has passed.
Our specialist team will be able to discuss whether you have a right to bring about a claim, so if you or a loved one has been affected, do not hesitate to contact us.
How much is my claim worth?
It is often difficult to value clinical negligence claims at their outset, given the complexities involved; however, we will pursue two forms of compensation for you:
- General damages – an award of money for the pain and suffering you have endured as a result of the negligence.
- Special damages – an award of money for all of your out-of-pocket expenses, such as travel expenses, medication costs, loss of earnings, and treatment costs, both past and future. This list is not exhaustive and is very case-specific.
Why should you choose Oakwood Scotland Solicitors?
We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical negligence.
Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.
If you believe or feel you have a claim, contact us for a no-obligation consultation regarding your options.
WHAT TO DO NEXT
If you believe or feel you have a claim and are looking for legal guidance or support throughout the Eljamel Inquiry, get in touch today for a no-obligation consultation.
Choose one of the methods on this page or call us on 0113 200 9720 to find out how we can help you with your enquiry.
