An independent report has found there was “no malicious intent” in the destruction of documents relating to disgraced neurosurgeon Sam Eljamel. The external investigation, undertaken by AAB, concluded that “inadequate” systems and processes contributed to the destruction of about 40 hard copy theatre logbooks linked to Mr Eljamel.
Background and Inquiry
Mr Eljamel was a consultant neurosurgeon at Ninewells Hospital in Dundee from 1995 until his suspension in December 2013. A public inquiry is taking place after patients of Mr Eljamel raised concerns that he had harmed as many as 200 people, with hearings expected to take place next month.
It emerged last year that the logbooks had been destroyed by NHS Tayside employees in 2025 – despite a “do not destroy” order issued by public inquiry chairman Lord Weir in October 2024.
Investigation Findings
“Although the destruction breached the do not destroy notice directive, the investigation concluded no malicious intent and noted that all information contained in the logbooks is also available through existing clinical systems,” the review said. It also concluded that the loss of the records should not have happened.
The review found that NHS Tayside “did not establish clear governance arrangements, active oversight or effective operational guidance to ensure compliance”.
“The findings from our investigation highlight systemic failings in communication and information governance from the time the DND notice was received until the logbooks were destroyed,” the report said. “Responsibilities were unclear, escalation was ineffective and there was no consistent or organisation-wide approach to identifying, preserving, and collating relevant information.”
Recommendations and Response
The report continued: “The key recommendation arising from the review is that NHS Tayside should implement robust and clearly defined systems and processes for responding to any future DND notice.” NHS Tayside has accepted the findings in full and has also published an action plan to address the 15 recommendations in the report.
“The report’s findings are clear: this should not have happened – and we wholeheartedly accept that,” NHS Tayside chief executive Nicky Connor said. “On behalf of NHS Tayside, I want to offer a sincere and unreserved apology to former patients, families and everyone affected by the loss of these records.”
Ms Connor continued: “We recognise that for many people these logbooks form part of their personal story. We understand that learning these records were destroyed will have caused distress and frustration.” As an organisation, she said NHS Tayside must learn from this situation to prevent it happening again.
“The focus now is on ensuring that we have stronger and more reliable systems in place,” Ms Connor said. “We have strengthened our governance arrangements, improved oversight and accountability, and introduced clearer processes for handling and preserving records that are subject to legal requirements. Most importantly, we are committed to openness and transparency. Patients deserve full transparency in what the report has said, and they deserve confidence that lessons have been learned. We are determined to ensure that the improvements now being implemented deliver lasting change across our organisation.”
