The General Medical Council has refused to investigate a Tayside man’s “botched surgery” claim because it is “not in the public interest”.
Patrick Kelly, 55, from Dundee, said he was “absolutely furious” and would be complaining to the GMC and speaking to Scottish Labour health spokeswoman Jenny Marra.
The GMC said it does not “usually” investigate cases which took place more than five years ago unless “it is in the public interest for the allegation to proceed”.
Mr Kelly underwent major back surgery in 2007 from Professor Muftah Salem Eljamel but believes the operation was never actually carried out despite the fact he was opened up on the operating table.
Mr Eljamel was suspended from Ninewells Hospital in Dundee last year after a patient underwent surgery on the wrong spinal disc and he remains registered with the GMC but without a licence to practise.
Mr Kelly’s calls for a public inquiry opened the floodgates and many more people came forward to say they were left with long-term health difficulties following surgery by Mr Eljamel.
The man widely regarded as Scotland’s top personal injury lawyer is looking at the claims with a national hotline set up to identify possible victims.
That’s why Mr Kelly said he finds it hard to believe the GMC have said his case is “not in the public interest” given the amount of people affected.
“I am absolutely furious with this decision,” he said.
“What we are seeing is the ‘old boys network’ at play with doctors investigating themselves at the expense of medical justice.
“I would like to know why they are protecting him.
“They claim that my case is not in the public interest. If that’s the case then please tell me what is.
“I would strongly urge anyone who has suffered at the hands of Professor Eljamel to write to the GMC and complain to them in the strongest possible terms.
“I will be raising this matter with solicitor Patrick McGuire requesting he writes to the GMC about the numbers of medical negligence cases he has and I will also be speaking to MSP Jenny Marra as a matter of urgency.”
Mr McGuire of Thompsons Solicitors, who previously represented victims of the baby ashes and contaminated blood scandals, said he has been “taken aback” by the response to the national hotline.
A spokesman for the GMC said: “We don’t comment on investigations that are ongoing or complaints that are not taken forward.
“I’ve checked our register for Professor Eljamel and he has Interim Conditions following a hearing of the Interim Orders Panel at the Medical Practitioners Tribunal Service.
“This means that Professor Eljamel is under investigation and his practise is restricted.”