Patel failed to use reasonable care: court

Former Bundaberg surgeon Jayant Patel failed to use reasonable care and skill when he decided to carry out an invasive procedure without gaining informed consent, a court has heard.

The Crown has begun its closing submissions in Patel's trial in Brisbane on Wednesday.

Prosecutors allege Patel gave patient Ian Vowles no other options before unnecessarily removing his large bowel and rectum to treat a benign polyp.

The operation was performed at Bundaberg Base Hospital in 2004.

Crown prosecutor Peter Davis said there was overwhelming evidence there were alternatives to the proctocolectomy with ileostomy procedure, which left Mr Vowles requiring a colostomy bag for life.

Mr Davis said Patel did not give Mr Vowles the option of keeping the polyp under surveillance or undergoing a less invasive "J-pouch" procedure.

"Instead what he does is he takes it upon himself to tell Mr Vowles that there is only one thing that can be done for him and that is the removal of his bowel, the removal of his rectum, thereby condemning Mr Vowles to a life with a colostomy bag," Mr Davis told the jury.

In doing so Patel had breached his duty, failed to use reasonable care and skill and was criminally negligent, Mr Davis said.

Patel's barrister Ken Fleming said requiring a colostomy bag was undesirable but not life-destroying.

In his closing submission, Mr Fleming said Patel had performed the right operation because the former surgeon had correctly diagnosed Mr Vowles with familial colon cancer, or a genetic vulnerability to cancers of the colon.

Mr Fleming added that Mr Vowles had said during his evidence that he wanted to be cancer free.

"We have a man with a history of colon cancer who now has no risk whatsoever of colon or bowel cancer," he told the jury.

"... He got from Dr Patel, we say, exactly what he wanted and Dr Patel should not be punished criminally for giving this man what he wanted."

Patel has pleaded not guilty to grievous bodily harm.

The trial continues.