NHS Tayside resets the “time bar” for Mr Eljamel patients, what this means for claims.

NHS Tayside resets the “time bar” for Mr Eljamel patients, what this means for claims.

NHS Tayside has reset the time bar and why that matters

NHS Tayside has announced it is resetting the “time bar” clock from 27 February 2026 for former patients treated by Mr Sam Eljamel (or those he supervised). In practical terms, NHS Tayside has said it won’t apply the time bar for the next three years in relation to those claims.
Source: BBC News, 27 February 2026.

For many people, this is significant. The time bar can be one of the biggest barriers to bringing a medical negligence claim even where someone has suffered serious harm.

If you’ve been sitting on the fence because you thought you were “out of time”, this change may give you a route back into the legal process.

What is the “time bar”?

In Scotland, most medical negligence claims are affected by a time limit (often described as “time bar”). Miss the deadline and a defender can argue the case shouldn’t be allowed to proceed regardless of how strong the evidence might be.

Time limits can be complicated, because they don’t always run from the date of treatment. In some cases, the clock runs from the date you first knew (or could reasonably have known) that:

• you were injured, and
• the injury may be connected to medical treatment (or a failure in care).

There are also different rules for children and adults who lack capacity, and there are situations where the court can be asked to exercise discretion. The key point is: time bar issues are fact-specific, and early advice matters.

What does NHS Tayside’s decision change?

According to the report, NHS Tayside agreed unanimously to reset the time bar clock from 27 February 2026 for relevant claims involving treatment that may have involved negligence by Mr Eljamel or those he supervised.

That matters because it may remove the immediate “we’re out of time” roadblock that stopped some people from even speaking to a solicitor, gathering records, or getting expert opinions.

A few important (and honest) notes:

• Resetting time bar doesn’t guarantee compensation. You still need to prove the legal test for negligence and causation.
• It does potentially give people the chance to get proper legal advice and have their case assessed on its merits.
• Even with this change, delay can make cases harder (records, witnesses, and clinical detail matter). So using the time wisely is crucial.

How our medical negligence team can help

Medical negligence claims are rarely straightforward and cases involving complex neurosurgery are about as technical as it gets. Our job is to take the burden off your shoulders and deal with the detail properly.

We can help by:

• Listening first – understanding what happened and what you’ve been told since
• Requesting and reviewing medical records and relevant documentation
• Advising on time bar and what this reset means for your situation
• Instructing independent medical experts to assess standards of care and causation
• Valuing your claim, including pain and suffering, loss of earnings, care needs, and future losses
• Handling negotiations and, where needed, raising or defending court proceedings in the appropriate forum (including the Court of Session where suitable)

And just as importantly: we’ll tell you plainly where you stand. No false promises, no waffle.

What should former patients do now?

If you believe you were affected by Mr Eljamel’s treatment (or treatment under his supervision), consider taking these steps:

1. Write down your timeline (treatment dates, symptoms, further procedures, when concerns first arose)
2. Keep copies of letters, discharge summaries, scans reports, and appointments
3. Get legal advice early so the position on time bar and evidence can be assessed properly

Even if you’re unsure whether you have a claim, a first discussion can clarify what’s realistic.

Speak to us

If you’d like to talk things through, we’re here. We’ll handle your enquiry with sensitivity and discretion, and we’ll explain the next steps in plain language.

Call 01382 206 000 or use our online enquiry form and select Medical Negligence.