Logbooks relating to rogue surgeon Sam Eljamel destroyed months before public inquiry
An NHS board destroyed scores of logbooks of patients treated by disgraced neurosurgeon Sam Eljamel this summer, an inquest heard.
NHS Tayside destroyed nearly 40 logbooks in total despite a “do not destroy” order.
The Eljamel Inquiry, set up to investigate the disgraced surgeon’s professional practices, was announced by the Scottish Government in September 2023 and its terms of reference were set by Scottish Health Secretary Neil Gray earlier this year, while a police investigation was also under way.
On Wednesday, Joanna Cherry KC, a representative for patients and families, said in her opening statement that there was displeasure that the inquiry had not been set up with the involvement of the UK Government 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 Dundee Ninewells Hospital from 1995 until his suspension in December 2013.
Following his suspension, the surgeon resigned from his position in May 2014 and removed himself from the General Medical Register in 2015.
To date, 138 former patients harmed by him have been listed as core participants in the public inquiry investigating his practice from 1995 to 2013.
Ms Cherry said some patients felt they were being “blacklisted” and were described as “frequent flyers” or “season ticket holders” by NHS Tayside staff because of the advanced treatment coverage they needed, with many living with devastating and permanent injuries.
He said despite a “do not destroy” order from Lord Weir, the chairman of the inquiry, in October 2024, Eljamel’s logbooks containing information about his patients between 1995 and 2013 were destroyed on July 24, in what was described as “gross negligence or possible bad faith”.
Ms Cherry said: “Members of the group and the legal team were appalled at NHS Tayside’s statement, which read that approximately 40 printed theater logbooks between 1995 and 2013 were destroyed by NHS Tayside staff on 24 July 2025.
“It is almost impossible to believe this is happening. Patients have repeatedly voiced concerns that their medical records have been falsified or incomplete. These logbooks may have provided vital evidence. On October 11, 2024, you issued ‘do not destroy’ warnings.
“The only explanation, in our view, is gross negligence or possible malice. We hope that witnesses will be called to testify under oath, including the chain of command of those who destroyed the evidence, as well as the chief executive and the chief operating officer.”
He said patients described problems such as: “Lack of informed consent; ignoring warnings about underlying conditions; use of experimental medical techniques and new devices on the market; lack of expertise to perform certain surgeries (and) ‘ghost surgeries’ where surgery is not performed to which the patient has consented.”
He said many people lost their jobs, marriages and homes due to failed medical treatment.
He said NHS Tayside had taken action to “protect its image”.
Ms Cherry described the situation as “the arrogant attitude of unaccountable power”, a term used in the Hillsborough Report, and said it was “appropriate to describe the experiences of the group and their loved ones at the hands of not only Mr Eljamel but also NHS Tayside, the Scottish Government and other officials whose actions will be examined by this inquiry”.
He said many patients believed NHS Tayside had “avoided both moral and legal responsibility”, experiencing “poor communication, lack of candor, evasiveness and at times dishonesty” and had lost faith in the NHS as a result.
He added: “Mr Eljamel was not simply a rogue surgeon acting without the knowledge of his colleagues. Other healthcare professionals were aware of this. Some appear to have objected to this behaviour, but chose not to go any further. Others appear to have allowed the behavior to continue.”
Inquiry barrister Jamie Dawson KC said the inquiry could go beyond Ninewells Hospital and NHS Tayside and examine “other parts of the NHS such as Dundee Royal Infirmary or NHS Fife”.
He said hearings scheduled for February had been postponed, but that the investigation would examine issues such as: “the completeness and accuracy of medical records”; potential fraud; readability and detail; as well as “use of unlicensed products or items in surgery”; and reporting issues to the HSE and the Scottish Government.
Mr Dawson promised the inquiry would be trauma-informed and other core participants included NHS Tayside; Scottish ministers; Royal College of Surgeons of Edinburgh; Improving Health Services Scotland; and NHS training for Scotland.
The inquiry continues before Lord Weir in Edinburgh, with an opening statement to be given on behalf of NHS Tayside on Wednesday afternoon.
