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tv   Disclosure  BBC News  September 9, 2018 10:30am-11:00am BST

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tomorrow, the bulk of the country starting off quite dry, some hazy sunshine, the south on monday staying dry, temperatures around 22 degrees. that's all for now. hello, this is bbc news with ben brown. the headlines. boris johnson attacks the prime minister's brexit plans saying she has wrapped the country in a suicide vest and handed the detonator to brussels. in a newspaper article, the former foreign secretary said the chequers deal has opened the uk to "perpetual political blackmail". high drama at the us open as serena williams loses her cool and the final. she was penalised for a huge row with the umpire, and accuses him of treating her unfairly. rules which prevented some victims of crime from claiming compensation if they lived with their attacker are to scrapped. the elite women's race
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is underway as record numbers line up at the start of the great north run for the mass now on bbc news, disclosure. in medicine, it's basic. first — do no harm. i just want answers. i want to know so that my head knows what's going on. but who's checking your surgeon is up to the job? well, that was negligent. there's no other description. a single surgeon accused of harming dozens of patients. this is notjust a case of a bad day at the office, this was repeated mistakes of a similar nature. and yet he's been allowed to simply walk away. why did he do this to me? why? why did you try and cover up? dundee — a city thriving
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in culture, but home to a health board in crisis. in which a cash—strapped nhs board used charity funds to pay for new computer systems. the chairman of nhs tayside, professorjohn connell, has resigned. in recent years, nhs tayside has lurched from scandal to scandal. but i've been investigating other serious concerns — claims that patients have been irreversibly damaged by a brain and spinal surgeon. i want to find out what the health board knew about these concerns and why they allowed the surgeon to carry on operating. tonight on our programme, we'll look at the hidden medical scandal that defies the profession‘s oath
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to first do no harm. pain wears you down. and knowing that there's nothing that can be done... . .scares me. david vile was someone who enjoyed life, an active family man who liked to travel. but now he lives in constant pain. hi, david. his problems started in 2007, when he suffered a prolapsed spinal disc. i needed the surgery because i couldn't function, literally. i was just in unbelievable pain. he was referred to ninewells hospital in dundee and to sam eljamel, the top consultant neurosurgeon. there, he'd have an operation
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on his damaged disc. i had faith in this man that he was going to sort my back. a little bit of finesse, he's a brain surgeon after all. david vile had every reason to be confident. mr eljamel was a high—flyer with a formidable cv. he was even interviewed by the bbc. with the aid of the computer, we'll be able to localise any point within that frame. he was tayside's clinical lead for neurosurgery, the head of department and a scottish government adviser. but the operation that david vile thought would be straightforward didn't work. i was in tears a lot of the time because it was so painful. mr eljamel offered him the chance of another operation. he said in his letter to me that there was an 80% chance of this resolving the situation, and
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i was in agony, so surgery was the option that i took. when david vile came to, he knew something was wrong. when i woke up, i couldn't feel my legs, and gradually i got the feeling back in my right leg, but not my left leg. the feeling never returned and the pain just got worse. it's now so bad, he can no longer work. he can't straighten up or walk more than short distances. a typical day for me is really not doing anything. i don't take my son to school any more. i don't pick him up any more. i used to spend so much time in my garden. that was my passion. and i can't do that now. at a8, he's been told there's nothing more that can be done. there have been times when i've thought,
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i don't see a future. the only reason that i go on is because of my wife and because of my son. he's not the only one who says he's been left worse off. i can honestly say the pain i receive now, since my surgery, is much more severe than it was before. because of the operation, my nerve endings have been destroyed. i'm going to take my first few steps of the day and it's pretty sore. it'sjarring, like there's no cushioning to the body. so every step i'm taking is really sore. the pain is so bad that i actually want to rip my own face off. nothing that i take is touching it. none of my medications
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are even coming close to taking the edge off it. i was a professional musician for many, many years, i travelled all over the country. around the same time as david vile, patrick kelly was also referred to mr eljamel. he had a herniated disc and was in a lot of pain. i was told it was a very, very dangerous operation, extremely dangerous. if they cut the wrong nerves, i may not walk again. but i was prepared take that opportunityjust to try to get a bit of my life back. when he woke up on the ward, patrick kelly says mr eljamel told him the operation had been a success. but on the day he was due to be discharged, there were complications. my lung had collapsed. there was blood all over the floor. the wound had opened. the doctor came along and said, "we're not sure where this blood is coming from, but if it is internal, and goes in your lungs,
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then you're not going to make it." it took doctors days to stabilise him and stop the haemorrhage. it was so bad, he almost died. just so... you know, i'm not really an emotional man, you know. i look back and i think, "god." you know, how lucky i was. tramadol slow—release. these are painkillers with paracetamol. like david vile, patrick kelly's pain didn't improve. he thought he'd just been unlucky, until he saw this. the newspaper article was short on detail. it simply said mr eljamel had been suspended from ninewells after a patient had undergone surgery on the wrong spinal disc.
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are you all right there? this was more than seven years after patrick kelly's operation. it prompted him to ask for his own medical records and a review of his treatment. this is an internal e—mail from a senior consultant at nhs tayside who later reviewed patrick kelly's notes. he questions whether the work on his discs was actually done. and of the operation, he says it was "ill—advised" and that there was "no reasonable clinical basis to think that it would help". now patrick kelly faces the risk of permanent paralysis. he's in constant pain and rarely leaves the house. and with david vile, we've discovered nhs tayside also found problems after he demanded a review. another internal e—mail obtained by the bbc says mr eljamel‘s surgery on david vile was also unwise
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and that the 80% figure mr eljamel gave him for resolving his pain was overstated. the operations on patrick kelly and david vile took place more than four years before mr eljamel was suspended. i want to get an independent view of what's happened, so i've come to see donald campbell. he's worked as a consultant neurosurgeon for more than 30 years. in david vile's case, he thinks mr eljamel overstated the chances of his operation helping. the figures that most people would accept for success rates are that 25% — or a quarter of patients — will be completely cured. about half are a bit better, but not right, and a quarter are no different. to say to a patient that you have an 80% chance of curing them is not, in my view, ethical, because the patient is much
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more likely to say, "oh, well, let's go ahead and do it," rather than say, "well, maybe i want to go away and think about this, or talk about it with my family before we say yes." we asked donald campbell to look at patrick kelly's scans. as far as i can see, he's never actually removed any bone or disc. he's opened the patient and then come out again. he hasn't actually even done the operation? why would he make an incision in a patient who needed disc work? i can't think of any explanation why that should be done. how would you regard mr eljamel? to claim that you have done an operation in this critical area and then not to do it, knowing that the result of approaching the area and not operating on it will be to leave such scar tissue that no—one else is going to operate on it,
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it shows a complete lack of any consideration for the patient. so, he's ruined his chances of actually having surgery that could help? the risks of such surgery would be so large that i don't think any rational person would accept them. these are not the only cases that raise serious concerns at nhs tayside. tayside says it received 55 complaints about mr eljamel‘s work when problems first came to light, and it started to audit him. it also called in the royal college of surgeons, who carried out an independent investigation. we've been asking for months for the board to release the findings of the report, but it's repeatedly refused. in fact, the first time we requested it, it wouldn't even confirm whether the royal college report exists. the pain isjust excruciating. it is probably as bad now as it was before the operation.
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it's been two and a half, three hours since i took my medication, painkillers, this morning, but the pain is still there. the chronic pain is permanently in my left hand. and i wear these small latex gloves to reduce the pain level. my right leg, being in a bath, it feels like it's in a bath of hot water all the time, from the hip bone all the way to the ankle. whereas, my foot feels as though it's in a block of ice. it can be excruciatingly painful at times. we found evidence that bill murray, the patient that you've just seen, may not have had the operation that he was told he had. this is a report from a belgian neurosurgeon who examined him after his operation at ninewells,
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and of mr eljamel‘s surgery, it says no trace of it can be seen. donald campbell looked at the patient‘s scans. he hasn't touched the disc at all, and the whole point of doing the operation is to remove the disc and remove the pressure on the spinal cord. and you can see from the scan that didn't happen. that was not done at all. and then to tell the patient that you had done the operation is simply not true. what do you think of that? it's completely unacceptable. it's dishonest. the fact that these problems weren't picked up earlier raises serious questions about the oversight at nhs tayside. i've been handed documents that show that not only was mr eljamel failing to use x—rays during surgery, which meant that
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sometimes he operated in the wrong area of the spine, but that he taught his trainee surgeons to do the same, and that they, too, harmed patients. one of the documents describes how a junior surgeon carried out surgery at the incorrect spinal level while under instruction from mr eljamel. despite the trainee surgeon clearly raising concerns, he says mr eljamel advised him the site was correct and told him to carry on with the operation. the patient ended up with irreversible spinal damage. sue grant is a lawyer who represents a number of patients harmed by mr eljamel. i do find it a little difficult to understand how trainee surgeons were allowed to be trained in practices which were not approved by the other neurosurgeons within the unit, and how that was allowed to continue for as long as it was. but the senior members
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of the team in ninewells would have to explain that. it's highly, highly unusual for such a prominent and established surgeon to make so many surgical errors. this is notjust a case of a bad day at the office. legal sources say the cost to nhs tayside health board of mr eljamel‘s errors could run into millions. so how could it have taken so long for anyone to notice that this top surgeon was making so many mistakes? nhs tayside refused to be interviewed for this programme, but in documents we obtained, it claims mr eljamel‘s performance as a surgeon probably only waned about three years before he was suspended, in an otherwise excellent career. bosses at nhs tayside say
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they were only made aware of problems five years ago. they claim they took immediate action. mr eljamel was, they say, placed under supervision while they reviewed his work. but that's not the whole story. i've discovered that even at that point mr eljamel was under supervision and under investigation, he was still able to harm patients. jules rose was a keen marathon runner. that changed in 2013 when she was told she had a brain tumour behind her eye. in august 2013, she had an operation. it appeared to go well, but she wasn't told her surgeon was under investigation and supposedly under supervision. i remember he had a big smile on his face, and he says, "99% removed." and i said, "thank you." just, "thank you. "
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the tumour was benign, but the brain surgery left her badly scarred and bruised. more than two months later,, she got a call from the hospital asking her to meet mr eljamel. he told me that he hadn't got all the tumour removed, because the tumour was now hidden behind the lacrimal gland. and that was why he had to go back in and perform a second craniotomy, that he hadn't got all the tumour out because it had been hiding. and i believed him. it was devastating news for the family. i think the worst thing for me was having to go back and tell my two daughters that i was going back in for surgery. i really didn't think i would be that lucky to get away with it again.
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and that was a real worry. you know, i was scared. 0n the 9th of december, 2013, she went in again under mr eljamel. but she was so concerned about having a second operation, she asked for her medical records. afterwards, when she read them, she realised the explanation given for having the second operation wasn't true. her medical records show that he removed the wrong part of her body. instead of taking out the tumour, he removed her tear gland. as a result of her injury, jules rose launched a legal action. and in 2016, nhs tayside settled her case out of court. since the operation, she suffers pain and constant dry—eye problems. she's been depressed and runs the risk of her condition deteriorating. it's atrocious for nhs tayside to allow
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this surgeon, who had blatantly made a mistake the first time, to allow him to perform another complex operation. it's unthinkable. it's not acceptable. nhs tayside told us they acted immediately to suspend mr eljamel after they received the results of the royal college of surgeons' review of his work. but that's not true. the royal college of surgeons told us it sent the report on the 6th of december — a full three days before jules rose's operation — and that it completed the interim report two months ahead of that. so, why was mr eljamel allowed to carry on operating? if the health board had come to the conclusion that they were going to suspend him,
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i would have expected that that would have been immediate. there must have been someone who knew he was to be suspended the day before that operating list, and he should not have been allowed to do it. after months of asking for it, nhs tayside finally gave us the redacted findings of the royal college of surgeons' review. and it's damning. it talks about a surgeon who failed to supervise his trainees, who regularly got his juniors to do his operations for him and who rushed surgery. it says he was often difficult to get hold of because he was busy doing private work, and some of his colleagues had complained he'd bullied them. so what have the repercussions been for mr eljamel? he was allowed to retire from nhs tayside and to remove himself from the uk medical register, which means no further
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investigation, no sanction, and no disciplinary action by the general medical council. the gmc wouldn't give us an interview. it said its priority is to protect patients, not to punish doctors. but for patients, it means no answers and no accountability. i think the remarkable thing here is that there's simply no explanation and that there are so many cases. the only person who can explain why they were misled is professor eljamel and, thus far, there has only been silence. i want to find mr eljamel and ask him some questions. but where is he? we know he's dissolved his businesses and sold up in the uk. we've been looking for mr eljamel for months, but he's been
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really hard to find. we think he might now be living in america, so we've come here to track him down. he still owns a flat in this luxury neighbourhood in connecticut. his name's on the buzzer, but it seems he's not here now. neighbours say he's vanished. this is a recording. so we tracked down every property linked to him. i was looking for mr sam eljamel. we even find and speak to his relatives. i was trying to find a relative of yours, mr sam eljamel. i know him, but i don't know where he is. this feels like a man who doesn't want to be found. and yet we've discovered that he's paid his $200 dues this year for the american association of neurological surgeons — an organisation that stipulates
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members must be licensed to practise medicine. sam eljamel no longer is. not something he told them, though. and when the bbc contacted connecticut's hartford hospital, where he claims he completed a medicalfellowship, it told us he never finished the course. in spite of seemingly having a presence in the us, we couldn't find him here. and it turns out that even lawyers in scotland taking cases against him are having trouble tracking him down. in fact, we've discovered they've become so frustrated at being unable to get hold of mr eljamel that they've asked for the court of session in edinburgh to order him to provide an up—to—date address so he can be contacted. nhs tayside told us it has listened
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to patients' concerns and taken appropriate action to support them. it said there has been much learning by the organisation and many improvements made, and that the board complies with all national standards relating to spinal surgery. mr eljamel‘s lawyer told us his client had no comment to make. our investigation has discovered deep flaws in a system that allowed harm to be done to patients over and over again — harm that cannot be undone. it points to a scandal that goes beyond one surgeon to a failure in a health board and health system that means a rogue surgeon went unchecked for years. and then, he simply walked away. this man needs to come to an inquiry and answer the questions that are put to him,
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because, at the moment, he has said nothing. absolutely nothing. he needs to be held to account for what he's done. and nhs tayside, because they've allowed this, as well. we need questions asked in the scottish parliament. we need the waking up and make sure that this never ever happens again. lets get a check on the weather and after a cloudy start this morning, the weather is improving across many parts of the country. we have sunshine developing, cloud will break up through the afternoon but we have showers in the forecast, as well, and this is happening on the satellite. this to the north—west is low pressure, sending weather fronts in the direction of scotland, and a freshening breeze. to the south, away from low pressure, the best of
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the weather is, and on the south coast this afternoon, the weather is fine, temperatures up to 23, i think, by 3pm. showers in wales, northern england. the north coast of northern england. the north coast of northern island in western scotland, blustery. the wind will be a feature later today and this evening, up to gale force. there will be frequent showers and it will rattle windows, ripping up trees through the course of this evening and overnight. this is the low pressure to the north that passes by. further south, much of northern ireland, wales and england, a calmer night and temperatures around 11 degrees by 5am on monday. monday morning starting fine. the weather is looking dry with sunshine and then cloud will thicken from the western by the time we get to lunchtime, i
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suspect there will have been rain in northern ireland and western scotland. east of scotland down to the south should be dry and sunny, albright at the very least. 0n tuesday, the weather front is still giving a headache in terms of position and it could be further north or south, which is important because on tuesday into wednesday, two things happening. warm air coming from the mediterranean, colder north atlantic air and between that zone is an area of cloud and potentially rain. if you are either side of that, the weather will be of two extremes. in the far south, temperatures up to 25, at least on tuesday. north of the weather front, the split, least on tuesday. north of the weatherfront, the split, across scotla nd weatherfront, the split, across scotland it looks like it will be cloudy and cooler. wherever you are today, i hope you have a fine day. this is bbc news, i'm ben brown. the headlines at 11am... boris johnson attacks the prime minister's brexit plans saying she has wrapped the country
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in a suicide vest and handed the detonator to brussels. high drama at the us 0pen as serena williams loses her cool and the final. you owe me an apology. i have never cheated in my life. i have a daughter and i stand up for what is right for her. voting is under way in sweden, in a general election which has been dominated by the rise of an anti—immigration party. north korea stages a huge military display to celebrate its 70th anniversary. but the country's long range missiles weren't part of the display of power.
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