NHS Trust Accused of Destroying Vital Evidence in Surgeon Scandal
A public inquiry into disgraced neurosurgeon Sam Eljamel has been rocked by allegations that NHS Tayside destroyed approximately 40 patient logbooks this summer, directly defying an official order to preserve all evidence. The shocking revelation emerged during opening statements at the Eljamel Inquiry in Edinburgh on Wednesday, 26th November 2025.
Counsel for the patients, Joanna Cherry KC, told the inquiry that the hardcopy theatre logbooks, which covered Eljamel's practice between 1995 and 2013, were destroyed by NHS Tayside employees on 24th July 2025. This act occurred despite a formal 'do not destroy' notice issued by inquiry chair Lord Weir in October 2024.
‘Gross Negligence or Possible Malice’
Ms Cherry, representing a core participant group of 138 harmed former patients, stated that the destruction of these records has left her clients appalled. She described the act as beggaring belief and suggested the only explanations were "gross negligence or possible malice".
She emphasised that these logbooks could have provided vital evidence for patients who have long-held concerns that their medical records were incomplete or had been tampered with. Ms Cherry called for key witnesses, including the chief executive and chief operating officer of NHS Tayside, to be called to give evidence on oath regarding the chain of command that led to the evidence being destroyed.
A Trail of Devastation and Institutional Failure
The inquiry heard harrowing accounts of the consequences of Eljamel's actions. The surgeon, originally from Libya, was head of neurosurgery at Dundee's Ninewells Hospital from 1995 until his suspension in December 2013. He later resigned and removed himself from the medical register.
His former patients have suffered devastating and permanent injuries. Many lost their jobs, marriages, and homes as a result of failed treatments. Ms Cherry revealed that some patients felt they were "blacklisted" by the health board and were dismissively labelled as "frequent flyers" or "season ticket holders" due to their need for extensive further care.
The litany of alleged malpractice includes:
- The absence of informed consent
- Ignored warnings about underlying conditions
- The use of experimental medical techniques and devices
- A lack of expertise to perform specific surgeries
- So-called "ghost surgeries" where a different procedure was carried out
Ms Cherry accused NHS Tayside of acting to "protect its image" and stated that Eljamel was not a lone rogue actor, but that other healthcare workers were aware of his conduct, with some challenging it but failing to take it further.
Scope of the Inquiry and the Path Forward
Counsel for the inquiry, Jamie Dawson KC, confirmed that the investigation could extend beyond Ninewells Hospital and NHS Tayside to examine other parts of the NHS, such as Dundee Royal Infirmary or NHS Fife. Key areas of focus will include the completeness and accuracy of medical records, potential falsification, and the use of unlicensed products in surgery.
Mr Dawson pledged that the inquiry would be trauma-informed. Other core participants include the Scottish ministers, the Royal College of Surgeons of Edinburgh, and Healthcare Improvement Scotland. The inquiry continues under Lord Weir.
