Physician challenges state's medical malpractice law

JEFFERSON CITY, Mo. -- A physician barred from practicing obstetrics and gynecology in Missouri challenged the constitutionality of the state's medical malpractice laws Wednesday before the Missouri Supreme Court.

Mark Tendai was prohibited from practicing obstetrics and gynecology in Missouri in 1999 after a state commission found that he negligently failed to refer a case involving a retarded fetus to a specialist. The child died upon birth in 1992.

Tendai also had his medical license reprimanded and suspended for 60 days by the board and was required to attend a medical documentation course.

The doctor challenged the ruling by the Missouri State Board of Registration for the Healing Arts, claiming the legal terms incompetentcy, gross negligence and harmful conduct to a patient are vague under state law and that the board's application of them denied his due process rights.