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SURGEON Jayant Patel, linked to the deaths of 17 patients at Bundaberg Base Hospital, has appeared in court in the US for an extradition hearing after his arrest by the FBI in the United States.

Hunched over and showing little emotion, wearing a brown and black check lumberjack-style shirt, Dr Patel appeared before judge Dennis Hubel.

The hearing was adjourned for two days when Dr Patel will apply for bail.

His lawyers argued he was not a flight risk.

A extradition hearing will be heard on April 10.

The FBI swooped on Dr Patel`s home early this morning. A spokesman said the Patel was taken into custody in Oregon without incident.

Indian-born Dr Patel, 57, is a US citizen who worked for years in Oregon before losing his licence after a series of botched surgeries.

The Australian Government has been seeking his extradition to stand trial for the deaths of the three patients at the southeast Queensland hospital.

Extradition papers filed against Dr Patel accuse him of defrauding Bundaberg hospital officials into hiring him as a surgeon and then engaging in reckless conduct that caused three deaths.

The extradition complaint papers, filed in the US District Court, describe Dr Patel as a "fugitive". He faces a maximum jail term of life behind bars if found guilty on the 16 charges which include three counts of manslaughter for unlawfully causing the deaths of three patients.

The document says once Dr Patel was hired in Bundaberg he "engaged in reckless conducted with resulted in the death of three patients and grievous bodily harm to two others".

The extradition complaint says Dr Patel was "repeatedly sanctioned by licensing officials in the United States, schemed to hide his history of professional misconduct from officials at an Australian hospital and licensing officials in the Australian state of Queensland so that he could get and keep a job as a surgeon at the hospital".

He has been charged with three counts of manslaughter, which carrying a maximum sentence of life in jail.

He also faces three counts of grievous bodily harm carrying a maximum 14 years in jail, two counts of negligent acts or omissions carrying a maximum of two years in jail, five counts of fraud which carry a maximum five years jail, two counts of fraud valued over $US5,000 which carry a maximum 10 years, and one charge of attempted fraud.

The documents say that foreign arrest warrants were issued on November 22, 2006.

Dr Patel is accused of the manslaughter of James Edward Phillips between May 18, 2003 and May 22, 2003.

He also faces a charge of manslaughter for the unlawful killing of Mervyn John Morris between April 1,2003 and June 15,2003, and another charge of manslaughter for the unlawful killing of Gerardus Wilhelmus Gosewinus Kemps between December 18,2004 and December 22,2004.

The grievous bodily harm charges relate to Darcy Russel Blight and Ian Rodney Vowles.

Dr Patel`s fraud charges relate to his efforts to obtain and retain employment at the Bundaberg Base Hospital.

The complaint states that Dr Patel "actively hid his history of professional misconduct and lied repeatedly on forms required for registration in Australia".

It says it "held himself as something he was not - a qualified physician licensed for full practice in the United States - in order to obtain employment and retain employment at the Bundaberg Base Hospital".

He was paid more than $400,000 while at the hospital and the court documents say he "thus successfully engaged in a scheme to defraud officials at the Bundaberg Hospital in order to obtain money".

It goes on to state that Dr Patel "never told officials at the Bundaberg Base Hospital or medical licensing authorities in Queensland about his history of professional misconduct".

And he had "never disclosed that his medical license in Oregon had been limited - and that he was not authorized to conduct certain specific surgeries and that he was required to obtain second opinions for all `complicated surgical cases`."

It said that Dr Patel never disclosed that he had twice been disciplined by New York state regulators, resulting in the surrender of his license in 2000.

The documents say Dr Patel "actively hid the fact that he had been subject to disciplinary action and retained a license that was limited, and falsely claimed that he had "excellent" surgical experience, when in fact he had had surgical privileges severely limited as a result of misconduct".
The documents say he "appears slightly obese for his height".

Path to extradition

A month ago, a friend of Dr Patel said the extended legal wrangling had given him hope that he might not be returned to Australia to face charges.

Dr Vijay Mehta, a Texan surgeon, said Dr Patel was fighting the extradition.

"Initially, when all this tsunami of all the news and everything came, he was so disheartened he said there was nothing he could do," Dr Mehta said on ABC Radio.

"But in the meantime, while these people are fumbling and mumbling and pulling all these different things, he got some time to think about it and said: `I have not done anything wrong, and I am willing to speak about it`.

"So, I have a feeling that one day you will hear from Dr Patel, not as an extradited criminal, but he will give his side of the story once this is all over because he is not done with you guys yet."

Wanted man

A warrant was drawn up for Dr Jayant Patel in November last year, seeking to charge him with three counts of manslaughter, five counts of grievous bodily harm, four counts of negligent acts causing harm and eight counts of fraud.

The complaints were sworn by a magistrate, who signed the warrants for his arrest.

But they were not served on Dr Patel because of a complicated extradition arrangement between Australia and the US.

- with AAP

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