Demands for “justice” for victims of a scandal-hit former Tayside surgeon are to be taken to the United Nations.
The UN’s Special Rapporteur for Health will be asked to intervene after calls for a public inquiry were rejected by the Scottish Government.
Special rapporteurs are in charge of holding inquiries into violations and to intervene on specific issues or urgent situations.
Former Dundee DJ Patrick Kelly said he will take his case against Professor Muftah Salem Eljamel to the UN to “get justice” at the “highest level”.
The Professional Standards Authority for Health and Social Care in London have also now been asked to investigate Mr Kelly’s complaint.
He said: “I will be taking the matter up with the Special Rapporteur for Health at the United Nations because I believe that we were let down badly by NHS Tayside who failed to ensure my and others’ safety and duty of care.
“I have always said I will take this to the highest level to get justice as we all need to know exactly what took place and why it took so long for NHS Tayside to stop this man.
“An inquiry that has teeth can get to the bottom of this sorry saga.
“The health secretary, for whatever reason, is unwilling to give us some form of closure and an apology is simply not enough in this case.
“Some of us have been left with horrendous side-effects.
“I now suffer from internal bleeding from time to time and I recently found out that an insurance company would not give me life insurance because of the seriousness of my condition.
“This isn’t simply about botched surgery, it is about the aftermath as well.”
Mr Eljamel, from Newport, gave up his licence to practise in August ahead of a hearing to decide if he should be struck off.
The former Ninewells Hospital surgeon was being investigated by the General Medical Council after being suspended last year after a patient underwent surgery on the wrong spinal disc.
He also had to step down from his teaching and research posts at Dundee University after the interim order by the Medical Practitioners’ Tribunal Service.
He subsequently retired from the NHS.
The floodgates effectively opened when Mr Kelly called for a public inquiry after claiming he was the victim of a “botched operation” in 2007 by Mr Eljamel. Since then many more people have come forward to say they were also left with long-term health difficulties following surgery by Mr Eljamel.
Accident claims solicitors in Scotland have also been dealing with a number of cases relating to surgery carried out by Mr Eljamel.
A national hotline was subsequently set up to identify possible victims of Mr Eljamel and was besieged by calls.
The Government said it is “very sorry” after a series of operations left patients claiming their long-term health had been affected but it ruled out an inquiry, stating it is “satisfied” that a “thorough and wide-ranging” investigation by NHS Tayside will “prevent this happening again in future”.
Health secretary Shona Robison has again rejected any suggestion of an independent inquiry and said Mr Kelly should refer the matter to the Scottish Public Service Ombudsman if he wants to make a complaint.
North East MSP Alison McInnes said: “I was disappointed that the health secretary rejected any suggestion of an independent inquiry.
“She should realise that there are potentially wider implications for the health service arising from this case, and we should always be willing to learn lessons.”