HSE called out for ‘failing’ victims of disgraced surgeon

The UK’S work safety regulator failed victims of disgraced Dundee doctor Professor Sam Eljamel and must investigate immediately, a former top inspector claims.

Roger Livermore, a veteran prosecutor for the safety regulator, accused his former employer of neglecting its duty to probe the surgeon and health board, NHS Tayside.

Prof Eljamel botched dozens of operations while working in Dundee and left patients with life-changing injuries.

He removed the wrong part of one woman’s body during surgery, while another was awarded £2.8 million in compensation due to his mistakes.

His victims rallied outside Holyrood on November 16 demanding an inquiry into the scandal.

They want to know why the NHS initially allowed Prof Eljamel to continue practising once concerns had been raised.

Lead campaigner Jules Rose, who had a tear gland removed instead of a tumour, insisted the surgeon had been allowed to “butcher” patients.

Mr Livermore joined campaigners in demanding an inquiry under the Health and Safety at Work Act.

He said:: “He was not complying with the Act, which requires him to take reasonable precautions for patients. NHS Tayside did not have an effective management system for managing his competence and performance.

“They knew there were problems with Eljamel but they didn’t act.”

The Health and Safety Executive has repeatedly snubbed calls to launch an investigation.

In correspondence with campaigners, they have stated: “We will not investigate where we believe the issues are not ones that fall to HSE and this is made clear in our published procedures.”

They claim Prof Eljamel’s failings relate to “clinical care”. But campaigners say their concerns are centred on patient safety.

HSE guidelines state they investigate serious workplace injuries, including those inflicted on non-workers.

But in 2015, Scottish National Clinical Director Jason Leitch claimed the health service should be exempted from some rules.

He said: “Health and safety legislation exists for a very good reason and applies in all workplaces, but what it doesn’t apply to is the kind of individual patient harms which occur in healthcare systems.

“It should be used – but sparingly. It should exist for people who deliberately harm people.”

The Scottish Government has refused demands to launch a public inquiry.

A spokesperson said: “The questions that remain are ones that must be answered by NHS Tayside.”

INQUIRY CALL: Former Health and Safety Executive inspector Roger Livermore has criticised his former employer.