NHS Tayside says it will consider claims for compensation by former patients of rogue surgeon Sam Eljamel on a case-by-case basis.
The health board has sent written apologies to more than 100 people “potentially exposed to possible harm” for allowing the disgraced neurosurgeon to operate on them when he should have been suspended.
A shock report heavily criticised health bosses last week for putting in place only light-touch of Eljamel supervision after serious concerns were raised about his work.
The health board has already faced 20 legal claims as a result of Eljamel – 12 of which have been settled while two are ongoing.
This includes a £2.8 million pay out in 2021 after a woman sued the surgeon and NHS Tayside for her treatment eight years earlier.
And after officially admitting wrongdoing, the number of claims against the organisation is likely to increase as patients left angry at their treatment seek justice.
Eljamel patients face legal hurdle
However, those wishing to bring a claim against NHS Tayside face a significant hurdle due to strict time limits on personal injury claims.
In claims of negligence, court proceedings must start within three years of the person becoming aware they have suffered an injury.
It means those operated on during Eljamel’s time in Tayside, from 1995 to 2013, may struggle to pursue action in the courts.
NHS Tayside could still decide to pay compensation out of court.
A spokeswoman for the health board any claims presented to them by patients would be considered on a “case-by-case” basis.
Scottish Conservative North East MSP Maurice Golden said the harm caused by Eljamel was “astonishing”.
He told The Courier: “The priority now for everyone involved must be ensuring justice for the patients.
“They have already spent years fighting, with many of them living with the life-changing consequences of his actions.
MSP says NHS and government must ensure Eljamel victims are compensated
“No-one is pretending it’s an easy situation for authorities to address, but clearly some strong leadership is required.
“I would urge the NHS and the Scottish Government to get round the table and find a way of ensuring those who fell victim to Eljamel’s actions are suitably compensated without further, unnecessary delay.”
In December 2021, a judge ruled Eljamel was solely liable for a £2.8 million pay-out to former patient Carolyn Almond-Roots, who developed rare spinal condition Cauda Equina syndrome following his botched surgery.
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