A Scottish health board has made a dramatic U-turn paving the way for hundreds of alleged victims of a “butcher” brain surgeon to sue, Sky News has learned.
Campaigners, including one woman who had a wrong body part removed by Dr Sam Eljamel, have hailed the decision as a “landmark victory” after years of fighting to have the legal time limit lifted.
Eljamel, once one of Scotland’s most senior neurosurgeons, has been accused by former patients of carrying out botched and unnecessary operations, leaving some with life-changing injuries during his 18 years at NHS Tayside in Dundee.
Others have told Sky News of devastating physical damage, being “butchered” and lasting psychological trauma following procedures performed under his care.
For years, patients said they were kept in the dark about concerns surrounding his practice.
Many only became aware of the scale of alleged failings long after their surgeries, by which point the deadline to raise a legal claim appeared to have expired.
NHS Tayside has now written to campaigners confirming it will no longer rely on the usual three-year legal time limit that had left many former patients fearing they were out of time to seek justice.
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Following an emotional meeting earlier this week between patients and senior NHS leaders, the board unanimously agreed to reset the legal clock from Friday.
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Jules Rose, who has been instrumental leading the campaign on behalf of harmed patients, said she was “truly delighted” by the breakthrough.
“It has been a major battle to secure this outcome, and all the hard work and campaigning has finally paid off,” she said.
Ms Rose had a tear duct wrongly removed by Eljamel instead of a brain tumour.
“It is deeply regrettable that it has taken so long, but patients can now look forward to pursuing the financial redress they deserve for the pain and suffering they have endured,” she concluded.
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Former patients will now have three years to bring forward claims.
“We recognise that the legal threshold for medical negligence is high,” Ms Rose added.
“But we sincerely hope this will not prevent harmed patients from obtaining the compensation to which they are entitled.”
Fellow campaigner Pat Kelly described the announcement as “a great day for all harmed patients”.
Sky News previously attempted to reach Eljamel for comment via a hospital in Libya where he is now thought to be working.
Campaigners stressed that while the move does not guarantee compensation, it removes one of the biggest barriers facing former patients and offers renewed hope that their cases will finally be heard.
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An NHS Tayside spokesperson said: “At its board meeting on 26 February 2026, NHS Tayside gave full support for a new approach to time bar for former patients of Mr Eljamel.
“In view of the fact that former patients of Mr Eljamel have learned about issues regarding his practice at different times, and from different sources, and given that there is an ongoing casenote review, the board agreed unanimously that NHS Tayside will now reset the time bar clock from today.
“This is in respect of treatment which may have involved negligence by Mr Eljamel, or those he supervised.
“This means that NHS Tayside will not apply time bar in respect of any claim by patients of Mr Eljamel during the period of three years from today.
“As a result, the barriers as described by the patients to us, which were stopping them pursuing a claim with legal representatives, have been removed.
“Patients can now take immediate steps to start their discussions with legal advisers.”
