Qld: Patel patient knew of operation risks, court hears

AAP General News (Australia)
04-20-2010
Qld: Patel patient knew of operation risks, court hears

By David Barbeler

BRISBANE, April 20 AAP - A patient who died after being operated on by Dr Jayant Patel
was fully aware of the risk of death but knew the procedure was the best option to save
his life, a court has heard.

The Queensland Supreme Court has heard that James Edward Phillips, 46, died because
his long-standing kidney problems were not treated effectively following an oesophagectomy
by Patel at the Bundaberg Base Hospital in May 2003.

The court heard that due to a lack of ultrasound equipment at the hospital, Patel had
to fly "blind" to insert a central venous line (CVL).

Anaesthetist Dr Alison McCready told the court that the jugular vein was cut, which
resulted in the patient losing blood and requiring four bags of intravenous fluids.

As a result, the CVL could not be inserted to measure body fluids.

The court heard that when red blood cells are stored in bags for a period of time,
they change and may have a higher potassium level.

"We always have to bear it in mind, but there didn't seem to be an alternative to replace
red blood cells that he had lost," Dr McCready said.

As Mr Phillips was suffering from kidney failure, the court heard he was unable to
process the built-up potassium, which could not be measured properly due to the lack of
a CVL.

The build-up of potassium led eventually to Mr Phillips suffering a fatal heart attack.

During cross-examination, Patel's defence barrister Michael Byrne QC asked Dr McCready
if Mr Phillips had wanted the operation, knowing it was his best chance for a cure and
that he had accepted the risk of death.

"I recall that being my understanding at the time and that those things were mentioned
on the consent form, including risk of death," Dr McCready replied.

Earlier, Dr McCready told the court that she had taken over from anaesthetist Dr Martin
Carter during the operation because Dr Carter had to leave.

Patel, 60, is accused of causing the deaths of three Queensland patients - including
Mr Phillips - and permanently injuring another when he performed operations as director
of surgery at the Bundaberg Base Hospital between 2003 and 2005.

Patel has pleaded not guilty to three counts of manslaughter and one of grievous bodily harm.

The trial continues.

AAP djb/pjo/jl/apm

KEYWORD: PATEL

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