Police Scotland is pondering whether to launch a criminal investigation into the medical work of a former Tayside surgeon.
Patrick Kelly, 58, from Dundee, and Jules Rose, 50, from Kinross, have given medical papers to police in Dundee and demanded “real action”.
The patients also want to see NHS Tayside investigated under health and safety legislation.
Professor Muftah Salem Eljamel — who had been a consultant neurological surgeon at NHS Tayside from 1995 — was suspended in 2014 after a patient had surgery on the wrong spinal disc at Ninewells Hospital in Dundee.
He also had to step down from his teaching and research posts at Dundee University after the interim order by the Medical Practitioners Tribunal Service.
The GMC later allowed Mr Eljamel to remove himself from the medical register, after ruling it was in the best interests of patients.
A national hotline was subsequently set up to identify possible victims of Mr Eljamel and it was besieged by calls.
Mr Kelly said: “The reason I went to the police was that I was sick and tired of them failing to take responsibility for what took place and the suffering that has gone on amongst Eljamel’s patients.
“I am absolutely livid that after all I have been through healthwise, NHS Tayside lawyers are trying to have my case thrown out of the Court of Session through time bar.
“It is disgraceful how they try to wriggle out of their legal responsibilities.
“I would also like to see the Scottish Government set up a totally independent investigative unit so that people who feel that they have been harmed by the NHS can get justice and their cases will be listened to.
“This nonsense about ‘lessons being learned’ – platitudes and buzzwords that come out of the NHS – must end.
“Real action must be taken against those who have covered up Eljamel’s misdemeanors so that patients can once again have faith in a system that works for all and not the few.”
Mr Kelly demanded an investigation into “the criminal failings involved in my care, the behaviour of the surgeon, and the wider failings of Tayside NHS to manage the competence and performance of safety critical staff”.
The former Dundee DJ continues to suffer chronic back pain after claiming he was the victim of a “botched operation” by Mr Eljamel in 2007.
Ms Rose, was operated on by Mr Eljamel in August 2013, just one month after he was placed under supervision due to serious concerns about his work.
However, Mr Eljamel was still able to work and while doing so, operated on Ms Rose where he removed a tear gland instead of a brain tumour.
Mr Eljamel remains the subject of civil cases in relation to surgery carried out which are still going through the Court of Session in Edinburgh.
A Police Scotland spokesman said: “A complaint has been received, and is currently being assessed.”
A spokeswoman for NHS Tayside said they would not be adding to the statement it released last week on the matter.
At that time, NHS Tayside Medical Director, Professor Andrew Russell, reassured patients that NHS Tayside “complies with all national standards relating to spinal surgery, with patient safety front and centre of every procedure carried out”.
He said NHS Tayside undertook a review of spinal cases performed by Mr Eljamel from 2010 to 2013 as recommended by the Royal College of Surgeons.
Any patient of concern was seen again by a consultant neurosurgeon.
