Tracey Brown success for Pursuer in Almond-Roots v Eljamel
Decision Issued – Ejamel In September 2021, Themis member, Tracey Brown, acted as Junior Counsel in a case reported by the BBC involving the surgeon Mr Eljamel, a former head of neurosurgery at NHS Tayside. The pursuer suffered life changing injuries as a result of her treatment and was awarded over £2.8m in compensation. The action concerned the surgeon’s involvement with the pursuer both in a private and NHS capacity. The decision of Lord Uist on the apportionment of damages between the Health Board and the MDDUS has now been issued [2021csoh130.pdf (scotcourts.gov.uk)].
The action was brought against NHS Tayside for the failure to respond to the findings of a MRI scan which indicated that the pursuer had a large central disc prolapse with evidence of cauda equina syndrome. Mr Eljamel decided she did not have the spinal condition and could have a scan as an outpatient. The case was also brought against Mr Eljamel who later reviewed the pursuer in his private practice and who then performed surgery.
Negligence was admitted pre-trial and the issue for the court was the extent of responsibility allocated to each defender. It was not argued that the later actions of Mr El Jamel broke the chain of causation. The court decided that Mr El Jamel was 100% responsible. The case raises interesting issues in cases where there are two or more defenders and considers apportionment of responsibility. [Surgeon Muftah Salem Eljamel ordered to pay £2.8m compensation bill – BBC News]