Patient watchdog not sure whistleblowers would be listened to despite Eljamel

Scotland’s new patient safety commissioner has said she is “not confident” that circumstances surrounding whistleblowing in the Eljamel inquiry could not happen again.

Newly appointed Karen Titchener gave evidence at the Health, Social Care and Sports Committee on Tuesday.

She was asked by Tory MSP Brian Whittle about concerns if action would be taken now if the circumstances surrounding Tayside brain surgeon Sam Eljamel were to happen again.

Mr Eljamel harmed dozens of patients while working for NHS Tayside before his suspension in December 2013. NHS whistleblowers have previously spoken to press and MSPs that they had been raising concerns since 2009.

Mr Whittle said: “One of the the issues somebody said, they’re not convinced that if there was a rogue surgeon right now in our health boards, the same actions or some of the actions that should have been taken in the Eljamel case would be taken now.

“One, do you think that’s right? And two, if it’s not right, how do we change that confidence factor?”

Ms Titchener said she was “not confident” that a similar situation could not happen again.

She said: “I’m not confident that it wouldn’t happen again at the minute from what I’m hearing. It’s that closing ranks and shutting things down.

“Obviously the inquiry is going on with that, I don’t want to dirty the waters. But equally even within the board that that happened, I think there are still concerns.

“I do think we have to start trying to open doors that have been closed and trying to stop boards closing ranks and stopping things, because there’s nothing safe about that.”

The Patient Safety Commissioner for Scotland Bill was introduced in response to the recommendation of the UK Government-commissioned Independent Medicines and Medical Devices Safety Review.

The Scottish Parliament nominated Ms Titchener as Scotland’s first patient safety commissioner in May 2025, and her appointment began in September 2025 for a fixed term of eight years.

She was also asked by Tory MSP Dr Sandesh Gulhane about how she would make whistleblowers feel able to come forward after the Scottish Hospitals Inquiry revealed whistleblowers at the Queen Elizabeth University Hospital were discouraged from speaking out.

She said: “We have to make sure that we don’t have many inquiries, but actually that the patient is listened to (from) day one when they’re concerned, or that staff is listened to (from) day one.

“And if the processes that we have in place aren’t working, then, my door is where that’s going to fall and rest assured I’m no wallflower, and if I hear something from a patient that is endangering life I will be going straight to the top. I’ll be going straight to the health minister.”

She continued that if the health minister did not implement change after discussions she would make sure “that voice is heard”.

She said: “If we’re going to work collaboratively we can’t have a shotgun approach. It has to be done (so) that government know about it.

“But, at the same time, if I tell that to the health minister and nothing gets done, then I will still make sure that that that voice is heard.

“Whether that means going to the press, whether it means going to to to the health boards, because we have to make sure that we’re not bolting the door when the horse is already gone.”

The Scottish Government and NHS Tayside have been approached for comment.