THE jury deliberating on the case against former Bundaberg surgeon Jayant Patel has been discharged.

They began discussions on Thursday and indicated a stalemate on Friday.

After further directions they went through the evidence again this week but today sent Judge Terry Martin another note saying they were on stalemate, unable to agree on any of the issues.

Judge Martin asked if there was any point in taking a majority verdict of 11 to one but they quickly responded, ruling it out.

Dr Patel has pleaded not guilty to causing grievous bodily harm to patient Ian Vowles at Bundaberg Hospital in 2004.

The Crown argued he was criminally medical negligent when he removed Mr Vowles' bowel and rectum after discovering a benign polyp.

The jury was discharged.

Outside court, Crown prosecutor Peter Davis was asked whether they would pursue another trial.

He said the Director of Public Prosecutions likely would make a statement "shortly" about his intentions.