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An NHS board destroyed scores of logbooks of patients treated by an embarrassed neurosurgeon Sam Eliamel This summer, an inquest heard.
Despite being given “do not destroy” orders, NHS Tayside destroyed around 40 logbooks in total.
The Elzamel inquiry, set up to investigate the professional practice of the disgraced surgeon, was announced by the Scottish Government for September 2023 and its terms of reference were set by Scottish Health Secretary Neil Gray earlier this year, with a police investigation also underway.
On Wednesday, Joanna Cherry Casey, a representative for patients and families, said in an opening statement that there was dissatisfaction that the inquiry had not been set up with UK government involvement to examine the role of the General Medical Council (GMC) and the Health and Safety Executive (HSE).
Eljamel, originally from Libya, was head of neurosurgery at Ninewells Hospital in Dundee from 1995 until his suspension in December 2013.
Following his suspension, the surgeon resigned from his post in May 2014 and removed himself from the General Medical Register in 2015.
to date, 138 former patients who were harmed by him They are listed as key participants in the public inquiry, which is examining their practices from 1995 to 2013.
Ms Cherry said some patients felt they had been “blacklisted” and were described as “frequent flyers” or “season ticket holders” by NHS Tayside staff because they required further treatment, and many were living with devastating and permanent injuries.
He said that despite a “do not destroy” order issued by inquiry chair Lord Weir in October 2024, the logbook containing information about patients at Aljamel between 1995 and 2013 was destroyed on 24 July, describing it as “gross negligence or possible maliciousness”.
Ms Cherry said: “Group members and the legal team were astonished to read the statement from NHS Tayside that approximately 40 hard copy theater log books between 1995 and 2013 were destroyed by NHS Tayside staff on 24 July 2025.
“It is difficult to believe that this happened. Patients have repeatedly raised concerns that their medical records have been tampered with or are incomplete. These log books would have provided critical evidence. You issued a ‘do not destroy’ notice dated October 11, 2024.
“It seems to us that the only explanation is gross negligence or possible malice. We would expect witnesses to be called to give evidence on oath, including the chain of command of those who destroyed the evidence, including the chief executive and chief operating officer.”
He said patients had described issues such as: “the absence of informed consent; warnings about underlying conditions that were ignored; use of experimental medical techniques and devices that were new to the market; lack of expertise to perform specific surgeries (and) ‘ghost surgeries’ where surgeries to which the patient had consented were not performed”.
He said that many people lost their jobs, marriages and homes due to unsuccessful medical treatment.
He said NHS Tayside appeared to be acting to “protect its image”.
Ms Cherry described the situation as “the protectionist nature of unaccountable power” – a term used in the Hillsborough report – and said it was “appropriate to describe the experience of the group and their loved ones, not only at the hands of Mr Elzamel, but also at the hands of NHS Tayside, the Scottish Government and other officials, whose actions will be examined by this inquiry”.
He said that many patients believed that NHS Tayside had “avoided both ethical and legal accountability” and that they had experienced “poor communication, lack of candor, evasiveness and sometimes dishonesty”, and had lost trust in the NHS as a result.
He added: “Mr Elzamel was not simply a rogue surgeon who was acting without the knowledge of colleagues. Other healthcare workers were aware. It appears that some challenged the conduct, but chose not to take it further. It appears that others allowed the conduct to continue.”
The inquiry’s solicitor, Jamie Dawson Casey, said it could extend beyond Ninewells Hospital and NHS Tayside, and investigate “other parts of the NHS, for example, Dundee Royal Infirmary or NHS Fife”.
He said a hearing planned for February had been postponed, but the investigation would examine: “the completeness and accuracy of medical records”; possible falsification; legibility and detail; as well as “use of products or items in surgery that were not licensed”; As well as reporting issues to the HSE and Scottish Government.
Mr Dawson pledged the inquiry would be trauma-informed, and said other key participants included NHS Tayside; Scottish Minister; Royal College of Surgeons of Edinburgh; Health Service Reform Scotland; and NHS Education for Scotland.
The inquest continues before Lord Weir in Edinburgh with an opening statement from NHS Tayside on Wednesday afternoon.