A hearing is underway at the High Court to determine if the future patients of a Nottingham heart surgeon will be told about his involvement in five deaths.
John Chen Lui Lu transferred the bacterial infection staphylococcus epidermidis to 11 patients between December 2008 and July 2010. Five of them died.
After an investigation Mr Lu was allowed to continued his work as a consultant at Nottingham University Hospitals NHS Trust, but now he has been told he can only return to the operating theatre if "appropriate information" about his past is given to his patients.
The surgeon has now gone to court to challenge the decision.
Staphylococcus epidermidis is a bacteria that usually lives on the skin but can cause complications if it gets into the bloodstream of those with weakened immune systems. It is known to be especially dangerous for those with surgical implants. Mr Lu was fitting artificial heart valves.
The hearing is expected to last two weeks.