Patient had one in 10 chance of dying

JAYANT Patel's patient had a statistical "one in 10" chance of dying after major surgery that removed a part of his bowel, a court has heard.

Patel, 62, has pleaded not guilty in the Brisbane Supreme Court to the manslaughter of Mervyn John Morris, 75, who died three weeks after a Hartmann's procedure removed part of his colon at Bundaberg Hospital on June 14, 2003.

Dr Dawid Smalberger told the jury he was unsure how much the ''significant'' weight loss experienced by Mr Morris would have increased the risk of him dying as a result of the surgery on May 23, 2003.

But he agreed the weight loss reported by Mr Morris may have increased that risk.

Mr Smalberger said Mr Morris may have had radiation proctitis - inflammation caused by radiotherapy - as well as diverticulitis - inflammation of sacs that form in the colon - which caused two different types of rectal bleeding as well as ''confusion'' for treating doctors.

He told the jury it was his opinion that Patel had ''conservatively'' treated Mr Morris' ongoing ''per rectum'' bleeding by using a ''watch and wait'' approach to try and explain ongoing blood loss.

Mr Smalberger explained how Mr Morris ''aspirated'' fluid into his lungs while doctors were trying to intubate him and said the patient's airways may have been permanently weakened as a result.

He told the jury it was his belief Mr Morris died from a bacterial infection that started in his abdominal cavity, spread into his blood and caused septicaemia and organ failure.

Patel is accused of criminal negligence for mis-diagnosing Mr Morris' rectal bleeding as diverticulitis and then operating on him despite his age and pre-existing health conditions that made surgery especially risky.

Crown prosecutor Peter Davis SC said the cause of Mr Morris' bleeding may have been radiation proctitis, but argued surgery should never have gone ahead without first finding the source of the bleeding.

Barrister Ken Fleming QC, for Patel, said his client was not negligent in treating Mr Morris, adding he ''did what he honestly thought was right'' but ''complications moved in''.

The trial continues before Justice George Fryberg.

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