Albanna v. State Board of Registration for the Healing Arts

MICHAEL A. WOLFF, Judge.

Introduction

This physician disciplinary appeal requires the Court to interpret and apply the statutory grounds of “[a]ny conduct or practice which is or might be harmful or dangerous to the mental or physical health of a patient or the public; or incompetency, gross negligence or repeated negligence” in the performance of professional duties, section 334.100.2(5), 1 and the standard of “unprofessional conduct,” section 334.100.2(4).

In doing so, the Court takes note of the distinction between an individual act of professional negligence — which may be remedied in tort…