NHS Tayside has destroyed hard copy theatre logbooks linked to disgraced neurosurgeon Sam Eljamel despite a “do not destroy” order being in place, a public inquiry has heard.
Eljamel was head of neurosurgery at Dundee’s Ninewells Hospital from 1995 until his suspension in December 2013.
During that time he is thought to have harmed dozens of patients and left some with life-changing injuries.
Eljamel resigned from his post in May 2014 and is now believed to be operating in Libya.
The Eljamel Inquiry into his professional practice was announced by the Scottish government in 2023 and will probe how concerns were responded to by employer NHS Tayside and whether the systems in place to protect patients were adequate.
Joanna Cherry KC, for the patient group, made an opening statement as part of the views of core participants at a hearing in Edinburgh on Wednesday.
She claimed the group and legal team were “appalled” to learn that NHS Tayside had recently discovered that about 40 hard copy theatre logbooks, some of which would have contained information relating to Eljamel’s surgeries in the period 1995 to 2013, were destroyed by health board employees this year.
Ms Cherry said: “It beggars belief that this should have occurred, notwithstanding everything that has gone before.
“Patients and their representatives have repeatedly raised concerns that their medical records may have been tampered with or be incomplete.
“And in these circumstances, it should have been obvious that these logbooks might have provided vital evidence for this inquiry to fill gaps in patient records.”
Ms Cherry highlighted the formal “do not destroy notices” issued in October 2024.
She added: “It seems to us that the only explanation for what has occurred must be gross negligence, or indeed possible malice.”
Ms Cherry urged for witnesses to be called upon to give evidence under oath about how the documents came to be destroyed.
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Speaking on behalf of NHS Tayside, Una Doherty KC admitted around 40 logbooks that dated from the 1960s onwards were “unfortunately destroyed” in January 2025.
Ms Doherty said: “NHS Tayside understands that some logbooks may have contained information of potential assistance to the inquiry’s investigations.”
The matter was said to have been “escalated immediately” within the health board and an internal investigation launched, which found the employees were unaware of the connection between the logbooks and Eljamel.
Ms Doherty added: “Given the importance of this matter, it has been raised at a senior level within NHS Tayside.
“Renewed instructions have been communicated to staff in relation to identification, logging and retention of documentation relevant to Mr Eljamel to try to ensure that there is no further disruption of documents in error.”
Ms Doherty said much of the information within the destroyed logbooks should be contained in the patient records if those still exist.
She added: “It is hoped that much of the information will still be available to the inquiry, albeit in a different format.
“NHS Tayside deeply regrets this error and is committed to ensuring that it does not happen again.”
During her statement, Ms Cherry highlighted a “small flavour” of those reportedly affected by Eljamel’s “actions and inactions”.
One patient, on the morning of her third surgery at the hands of Eljamel, was said to have been “so scared that she vomited”.
Ms Cherry said: “She told a nurse that she had changed her mind and wanted to go home, but the next thing she remembers is waking up, having had the surgery.
“The long-term implications of that spinal surgery, which was botched, have been so severe that she’s lost her marriage as well as her job and her home.
“She’s been through some very dark times and has come very close to taking her own life.
“The mess that Mr Eljamel left her spine in is such that it is inoperable and she suffers constant falls and broken limbs.”
One patient was said to be “left paralysed from the neck down”, while another was reportedly left with epilepsy and blindness in the right side of both eyes after undergoing three brain surgeries in the space of two weeks.
Ms Cherry said: “This gentleman was left unable to read and write and had to take early retirement.”
The lawyer said some of Eljamel’s patients had “suffered suicidal ideation”.
She added: “Some have lost their jobs, their ability to access work and education, their homes, their marriages and their families.”
Ms Cherry said some of the group members are representatives of patients who have since died “without seeing justice”.
The afternoon session was also expected to hear from Laura Thomson KC for Scottish ministers.
On Thursday, submissions will be made on behalf of the Royal College of Surgeons (Edinburgh), Healthcare Improvement Scotland and NHS Education for Scotland.
The inquiry will also hear from the separate Independent Clinical Review (ICR), which is not a core participant.
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The inquiry, chaired by Lord Weir, is expected to begin its evidential hearings in 2026.
Jamie Dawson KC, senior counsel to the inquiry, revealed the first block has been delayed from February to a three-week slot commencing 20 April.
It will include the roles of key bodies, individuals, policies and practices relevant to the inquiry.
The section one hearings will look at the broad trajectory of Eljamel’s career in Scotland, the types of work he undertook and the systems surrounding his NHS practice.
They will also examine the circumstances surrounding his appointment to the role of consultant neurosurgeon at Ninewells Hospital along with other key positions, as well as the complaints and feedback systems in place at NHS Tayside.
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Ms Cherry said the inquiry’s purpose is to “establish facts, ensure accountability, and make recommendations for the future”.
She added: “The group and their loved ones need recognition, accountability and justice for years of suffering and years of deceit.
“They are seeking answers, not just for Mr Eljamel’s actions, but also for the subsequent cover-ups and the impact that these cover-ups have had upon them.”
Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email [email protected] in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK.
