Fury as victims of butcher surgeon refused compensation by Scottish Government

Victims of butcher surgeon Sam Eljamel have been refused compensation by the Scottish Government.

Campaigner Pat Kelly, who was left in constant pain as a result of the rogue NHS Tayside employee, has branded John Swinney a “coward” for failing to help those harmed by him.

The former broadcaster, of Dundee, has been calling for ministers to compensate victims for months but has now been told by the government they will have to face a court battle with the health board instead.

After writing to the First Minister a response by an adviser said “legal action is the appropriate route for anyone harmed by negligent treatment to seek compensation from an NHS Board”.

Pat said: “John Swinney is a coward. I asked for a meeting to be arranged with him so that he can tell patients to their faces why they have to go through the court to get justice.

“My request for a meeting was simply ignored and not even mentioned. Patients have been treated with utter contempt by John Swinney.”

Pat, 64, said he had to fight NHS Tayside for four years to receive any compensation for his ordeal at the hands of Eljamel and he doesn’t want any other victims to have to suffer through the same thing.

He went for surgery for a herniated disc in his back in 2007 but experts later said they didn’t believe the disc had been touched.

He was left with so much scar tissue from Eljamel’s botched operation that he is unable to undergo any more surgery to fix the problem and had to retire at the age of 53.

He is among 200 patients who fear they’ve been harmed by the Libyan neurosurgeon and are seeking answers.

Pat said there could be issues with a court route due to there being a time limit on when people can lodge a claim – currently it has to be done within three years of the incident taking place.

Eljamel worked for NHS Tayside from 1995 until his suspension in 2013.

Pat said: “In my case, it took four years of torture and misery within the court system. By the end I’d have signed my own death warrant.

“Going to court was the biggest mistake of my life. I now wish that I’d never done it. That’s how bad it was and Swinney wants patients to go through this.

“The courts should be the very last resort and a Victim Support Fund would allow patients to go through a solicitor to argue their case.

“I’m not advocating that every patient who was operated on by Eljamel is compensated but only those who can prove they have been harmed.

“If a local butcher poisoned his customers, they would have more legal rights and accountability than you have with a butcher who has seriously harmed patients.”

A Scottish Government spokeswoman said: “We recognise the pain and distress experienced by patients impacted by Mr Eljamel’s practice.

“There are already established avenues for patients who have suffered as a result of the national health service to claim compensation.”

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