Richard Stubbs, a liver surgeon in Wellington, has failed in his bid to achieve name suppression and overturn a Health and Disability Commissioner's decision against him.

The court has confirmed that it was the doctor's duty to have told a dying patient of the risk of extra expense in administering an expensive treatment.

Richard went to the High Court to challenge the Health and Disability Commissioner which alleged that he had breached the code of consumer rights, failing to provide adequate information.

The accused had been ordered to pay the widow of a cancer sufferer $5000 and make an amendment in his patient information booklet after the commissioner discovered that the couple had not been completely informed about a treatment's potential to fail and the extra costs which could be generated.

The patient, identified as Mr. B, was diagnosed in late 2007 with advanced colon cancer and secondary cancer in the liver and died in early 2009, aged 58.

Also, it is revealed that the patient did not have medical insurance; however, post to the discussion with Professor Stubbs opted to have a potentially life-extending treatment which was only available through the private sector.