AN UNAPOLOGETIC Jayant Patel is free to leave Queensland despite a judge accusing the former surgeon of "calculated deceit" that led to his "totally undeserved" job at Bundaberg Hospital.

Patel will return home to the US after Judge Terry Martin QC yesterday sentenced him to a two-year suspended jail term, taking in to account the 2½ years Patel served behind bars from 2010.

Outside court a defiant Patel said he was pleased to be "going back to my life and my work" but he had no words for his former patients.

Nurse worried Patel will operate again

Blame game as charges dropped

Patel was sentenced after pleading guilty to four counts of "blatant fraud" stemming from his torrid two-year tenure at Bundaberg Hospital from April 1, 2003.

It followed Director of Public Prosecutions Tony Moynihan QC withdrawing outstanding charges against Patel of unlawful killing and maiming multiple patients.

Judge Martin called Patel's "calculated deceit" to gain employment in Queensland "substantial" and challenged him for failing to express "genuine remorse" in court.

"You have been heavily punished … Of course, you are the author of all misfortune that resulted from your totally undeserved employment in Queensland."

Judge Martin said a jury's decision to acquit Patel for the manslaughter of Mervyn John Morris, 75, and the jury's inability to reach a unanimous verdict for the grievous bodily harm of Ian Rodney Vowles, 66, should not be viewed as an "endorsement''.

Patel said his "long and difficult journey'' was at a close but showed no remorse.

"I'm pleased that it's over and I'll be going back to my life and my work," he said.

"And in this season of giving thanks, I'd like to thank my legal team ... For the exceptional work that they've done."

"I'd like to thank the hundreds of well-wishers who I don't even know who stop me in the street, gave me words of encouragement and wished me well.

"And finally I'd like to thank all my friends and family for their selfless and unconditional love and support."

He said his wife Kishoree would not be coming to join him ahead of his return home.

The court was told Patel "bastardised" documents and "deceitfully crafted" his CV.

Patel was convicted of unlawfully killing and maiming patients in 2010 and sentenced to seven years in jail with a non-parole period of 3½ years. But the conviction was quashed by the High Court in 2012 and he was released.

After sentencing yesterday, the Medical Board of Australia served Patel with a referral notice alleging the clinical care he had provided was below the standard reasonably expected; that he had twice provided false and misleading information relating to his applications for registration; and that his actions amounted to unsatisfactory professional conduct.

The referral recommences disciplinary action in the Queensland Civil and Administrative Tribunal. The board will ask QCAT to prevent Patel from seeking registration as a medical practitioner in Australia. Patel has not been registered in Australia since April 2005. QCAT is yet to set a date for the hearing.

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