Medical Negligence case

Reviewed by Michaela Christie

In a recent case (CAR v Muftah Salem Eljamel, NHS Tayside [2021]), the court addressed a situation where a patient suffered life-changing injuries due to medical negligence.


The person who brought the case (“Pursuer”) went to Ninewells Hospital’s A&E department on 4th February  2013. She was experiencing symptoms that suggested nerve root compression. A Nurse at the hospital recognised that she needed to be admitted to the Neurosurgery Department. However, after talking to a Consultant (the “First Defender”), the Nurse was told not to admit the Pursuer. Instead, they arranged for her to have an outpatient MRI scan and then sent her home. On 20th February 2013, after the routine MRI scan, the Pursuer decided to get a private referral for earlier treatment. This led her to Mr. Eljamel at the BMI Fernbrae Hospital. She had an outpatient consultation and decided to proceed with surgery, which took place on April 16, 2013.

Medical Negligence

The First Defender, the Consultant who performed the surgery, admitted that he had carried out the surgery negligently. He acknowledged that if he had done the surgery correctly, the Pursuer would not have suffered her injuries. It was also recognised that the First Defender did not respond appropriately to the Pursuer’s symptoms after the surgery. He should have ordered an emergency MRI scan and revision surgery when her condition worsened shortly after the procedure.

The Second Defenders’ Role

The Second Defenders (NHS Trust) failed to identify the urgent need for an examination when the Pursuer first came to the hospital. This failure contributed to the Pursuer’s injuries.

The Outcome

Both the First and Second Defenders agreed to settle the case. They jointly agreed to pay the Pursuer a total of £2,810,118 in compensation. This means they are both responsible for the full amount, and it’s up to them to figure out how to split it between them. The court granted a decree for payment of the compensation plus interest.


In simple terms, this case involved a patient who suffered considerable harm due to medical mistakes made by a Doctor and a failure by other medical staff to provide timely care. The court ordered both parties involved to compensate the patient for her injuries. The total compensation amount was just over £2.8 million.

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