Jayant Patel's patient hopes the former Bundaberg surgeon will stand trial yet again over allegations of grievous bodily harm.

The Brisbane District Court jury in 63-year-old Patel's latest trial was discharged on Tuesday after the six men and six women were unable to reach a unanimous verdict.

They had spent almost three full days deliberating whether the former surgeon had been criminally negligent over an operation he performed at Bundaberg Base Hospital in 2004.

During 13 days of evidence the court heard allegations Patel had unnecessarily removed patient Ian Vowles' large bowel to treat a benign polyp.

Patel and his defence team argued Mr Vowles had a history of colon cancer and the operation guaranteed him a cancer-free future.

It was the second time the former surgeon has faced trial over the accusations.

In 2010 a jury convicted him of grievous bodily harm as well as the manslaughter of three other patients.

But the convictions were quashed on appeal and re-trials ordered.

Mr Vowles, 66, was disappointed by Tuesday's outcome as he was hoping for closure.

He says it's up to the Crown to decide if there should be a re-trial but he hoped there would be.

"It's been nine years since the operation and it's been in the back of my mind the whole time," he told AAP.

"I was hoping this time it would be finished.

"It's there all the time and I just want the whole thing tidied up one way or another."

The Bundaberg resident requires a colostomy bag and suffers general health issues since the procedure.

Patel showed no emotion when the jury was discharged but according to his barrister he was frustrated.

The former surgeon, who hasn't practised since 2005, declined to comment outside court.

His barrister Ken Fleming said it was a disappointing result and hoped the charge was dropped.

He vowed to keep fighting it if it wasn't.

"We're determined that this is going to be seen through," he told reporters.

The Director of Public Prosecutions has not yet indicated whether it will seek another re-trial.

The case is due to be mentioned in court next week.

Patel was acquitted in March of the manslaughter of 75-year-old patient Mervyn Morris.

He's still facing two counts of manslaughter, a second charge of grievous bodily harm, one charge of negligent acts causing harm and several fraud charges.

Those charges are expected to be mentioned in court this Friday.

The Director of Public Prosecutions Tony Moynihan would not comment, with a spokeswoman saying the case was before the courts.

Queensland Attorney-General Jarrod Bleijie said it was up to the Director how long the state pursued Patel.

"He has not made a decision yet and we will respect the decision he makes," Mr Bleijie said on Tuesday.

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