Time Limit Extended for Mr Eljamel Patients

Background 

Mr Eljamel was a consultant neurosurgeon and head of neurosurgery at NHS Tayside’s Ninewells Hospital, Dundee, between 1995 until his suspension in 2013 for performing botched, unnecessary, and harmful surgeries on his patients during his tenure. This left a substantial number of patients with serious, life changing injuries. A public inquiry has commenced to ascertain:

1. His appointment to various senior positions
2. How the Health Board responded to concerns regarding his practice
3. Whether or not these concerns were concealed by the Health Board or Mr Eljamel
4. Whether action taken by the Health Board was adequate with regard to patient safety

New Time bar 

The general position per the law (subject to certain limited exceptions) is that where more than three years have elapsed since alleged medical negligence took place, or the date by which a patient ought reasonably to have suspected alleged medical negligence, it cannot form the subject of a court action for personal injuries. This is often referred to as time bar. 

However, NHS Tayside confirmed on 26 February 2026 that the general position will not apply to patients treated by Mr Eljamel or those who he supervised because an extension has been applied to the time limit. We therefore understand the time bar for such claims will be 26 February 2029.  Our specialist medical negligence solicitors will confirm the time-bar for each individual pursuer with the Health Board’s appointed solicitors at the point of instruction. 

How we can help 

Drummond Miller has vast experience in pursuing complex medical negligence claims including those relating to surgical errors, missed diagnoses, informed consent, system or institutional failures and those with a neurosurgical component. 

If you, or a late member of your family were treated by Mr Eljamel (or a colleague supervised by Mr Eljamel) in Scotland between 1995 and 2013 and have concerns about the care received, please do not hesitate to get in touch with us to arrange a free consultation with one of our experienced medical negligence solicitors. We would be happy to explain the legal test for medical negligence and assess your prospects of pursuing a claim for compensation. We urge potential clients to contact our team imminently to allow ample time for investigations in advance of the extended time limit.  

At Drummond Miller, we recognise that experiencing medical negligence can be one of the most distressing and life-altering events a person may face. You do not have to face it alone. Our team of trauma informed, compassionate and empathic lawyers will be by your side throughout every step of the process.