The judge in former Bundaberg-based surgeon Jayant Patel's criminal trial in Brisbane is summing up the case to the jury.
The 63-year-old former director of surgery at the Bundaberg hospital has pleaded not guilty to causing grievous bodily harm to Ian Vowles in 2004.
Patel removed the patient's colon and rectum and the crown alleges the operation was unnecessary.
District Court Judge Terence Martin has urged the jury to ignore the fact there was a previous trial, and that Mr Vowles previously received a payout from the State Government.
He said they are irrelevant and they must judge the case solely on the evidence in court over the past couple of weeks.
Judge Martin told the jury to consider the patient's health at the time of the alleged offence.
He told the jury to weigh up whether Mr Vowles was an ongoing high cancer risk leading up to the operation or whether surveillance was a viable option.
Judge Martin also said if the jury cannot conclude beyond reasonable doubt that Patel failed to use reasonable care, then he must be found not guilty.
After the judge finishes his summing up, the jury will retire to consider its verdict.