An Australian judge has cautioned that Indian-origin surgeon; Dr. Jayant Patel's culpable judgment might not survive the Queensland Court of Appeal.

Justice, John Byrne has signaled that the verdicts may not survive because of the Criminal Code, which did not recognize misdiagnoses and unfair decisions to operate as possible criminal acts.

From day one of the hearing, Judge Byrne had particularly brought in attention of a possible fault in the prosecution's case against the surgeon that is the issue of consent.

Patel's legal squad is trying to take the fight to the Court of Appeal for a ruling on the accurate statutory course to convict the surgeon of assassination.

Dr. Patel or better recognized as ‘Dr. Death’ was on Tuesday found culpable of manslaughter of three patients and causing grave bodily harm to one more patient at Bundaberg Base Hospital.

In the meantime, Beryl Crosby, of the Bundaberg Hospital Patients Support Group, said that she understood that their triumph could last long.

Patel had previously pleaded not guilty in the Supreme Court in Brisbane to the assassination of Mervyn Morris, Gerardus Kemps and James Phillips. He also pleaded not culpable to the grave bodily harm of Ian Vowles.