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Negligence claims against former surgeon Professor Eljamel could take years

Negligence claims against former surgeon Professor Eljamel could take years

Medical negligence cases against a scandal-hit former Tayside surgeon could take years, it has emerged.

Personal injury lawyer Patrick McGuire, who is investigating claims from patients of Professor Muftah Salem Eljamel, said the complex nature of these claims means it is likely to be a time-consuming process.

Ex-consultant neurological surgeon Mr Eljamel was suspended from his post at Ninewells last year after a patient underwent surgery on the wrong spinal disc.

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 and subsequently retired from the NHS.

The General Medical Council (GMC) retrospective investigation into Mr Eljamel collapsed in August after he relinquished his licence.

Mr McGuire, a partner with Thompsons Solicitors, who is representing many of the people affected, said: “Since the problems with Professor Eljamel were first highlighted by The Courier, my legal team have been contacted by over 100 concerned people and we continue to receive calls almost daily.

“Cases such as this are complex and my team need to spend time gathering as much evidence from the victims and medical experts as possible.

“By its very nature this is a time- consuming process but it is absolutely necessary to mount the best legal cases possible.

“It may be that there are victims that we cannot help due to lack of evidence, for example.

“But my team of expert lawyers will leave no stone unturned to make sure we can help the maximum amount of victims get the financial settlement they deserve for the disgraceful treatment they’ve suffered.

“But, just as importantly, we will work with all victims, the health authorities and politicians to get answers as to how this man could have carried out his botched practices for so long.”

The nature of medical negligence claims are very complex and dependent on individual circumstances.

Time limits to bring an action may vary depending on the circumstances.

For adults who are mentally capable, the time limit is three years from what is called the “date of knowledge”.

This could be either the date that the negligence occurred, if it was realised immediately or from the date when any symptoms, illnesses or malpractices were discovered.

The floodgates effectively opened when former Dundee radio DJ Patrick Kelly called for a public inquiry after claiming he was the victim of a “botched operation” in 2007 by Mr Eljamel.

More people have since said they were left with long-term health difficulties after surgery by Mr Eljamel.

Mr Eljamel’s decision to relinquish his licence ahead of a GMC hearing to decide his future means “he can no longer practise as a doctor in the UK”.

The GMC cannot investigate doctors who are not registered and Mr Eljamel has refused to answer questions about what happened.