Former Bundaberg surgeon Jayant Patel has urged a judge to strike out legal particulars the crown plans to rely on when prosecuting him for manslaughter.

Patel is due to stand trial in early February for the manslaughter of Mervyn Morris, 75.

Mr Morris died in June 2003, three weeks after Patel performed an operation on him.

The lead-up to the case has been plagued with difficulties, many relating to the defence team's satisfaction with how the crown intends to run its case.

The crown has so far filed four different sets of particulars, which outline the material facts it alleges are true and which it will attempt to prove at trial.

The defence applied successfully to have the third set of particulars struck out on December 20.

However, barrister Paul Smith on Wednesday told the Supreme Court in Brisbane that Patel was still dissatisfied with the fourth set of particulars, filed during the past week.

He told the court there were still "structural problems" with the alleged facts, and that the crown had not properly set out any logical chain between Patel's duties and actions and causation.

Mr Smith has urged the court to again strike out the crown's particulars.

However, prosecutor Michael Byrne, SC, told the court the crown was "amenable" to getting the particulars in the correct form.

He asked Justice George Fryberg to let the crown amend the particulars again if he ruled in the defence's favour.

Justice Fryberg indicated he was disinclined to do so.

"Mr Byrne, that's a hard ask," he said.

"You've had four goes over a period of months."

He has reserved his decision.


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