NHS Tayside has been sharply warned against blaming individual employees for destroying approximately 40 hard copy theatre log books linked to disgraced neurosurgeon Sam Eljamel. The destruction occurred this year, months after inquiry chairman Lord Weir issued an explicit "do not destroy" order in October 2024. Jamie Dawson KC, senior counsel for the Eljamel Inquiry, described the development as «troubling» and warned it had «occurred in real time rather than historically» with «potentially serious legal consequences».
The log books were destroyed by NHS Tayside staff despite the preservation order. The health board claims the individuals involved were unaware of the connection between the theatre log books and Eljamel. But Dawson rejected this deflection at Thursday's hearing: «Blaming the individuals will simply not do when those individuals were acting in the course of their employment with the board.»
Corporate Responsibility
Dawson made clear the inquiry will hold NHS Tayside accountable as an institution. «NHS Tayside is a corporate entity created by statute. As a corporate entity, it has no means of interacting with the outside world. It requires to rely on doctors, nurses, administrative staff to act on its behalf», he told the inquiry.
He emphasized: «This inquiry will expect NHS Tayside to answer for the actions of individuals who did things in its name, on its watch and in the discharge of its legal responsibilities.» The idea that the corporate entity could avoid responsibility for its employees' actions «will not be tolerated», Dawson stated.
Inquiry Scope
The Eljamel Inquiry was established by the Scottish Government in September 2023 to investigate how NHS systems failed to protect patients from the neurosurgeon. Sam Eljamel served as head of neurosurgery at Dundee's Ninewells Hospital from 1995 until his suspension in December 2013. He resigned in May 2014 and removed himself from the General Medical Register in 2015. Eljamel is believed to have fled to Libya.
Dawson rejected calls from patients' representative Joanna Cherry KC to broadly expand the inquiry to private practice. «This is an inquiry which is predominantly about the NHS and the extent to which systems which did enough to protect Mr Eljamel's NHS patients from harm», he explained. However, the inquiry will examine «whether Mr Eljamel's commitments to private practice contributed to adverse outcomes for his NHS patients».
The inquiry currently has 138 former patients as core participants. An Independent Clinical Review examining individual cases has registered 474 patients, with 354 having completed consent forms ahead of the December 1 deadline. The review has contacted 450 neurosurgeons.
Shane Dundas, representing Healthcare Improvement Scotland and NHS Education for Scotland, confirmed the inquiry will investigate «the role other bodies played, or could have played, in the care provided by Mr Eljamel to former NHS patients». This includes examining statutory bodies like the Clinical Standards Board, established in 1999, and Healthcare Improvement Scotland, created in 2011.
A police investigation is running concurrently with the inquiry, which will resume in Edinburgh at a later date.
Note: This article was created with Artificial Intelligence (AI).
