> Until the legal system starts to account for rational choices based on statistical information, this problem is going to persist.
The legal system does account for this. To succeed in a malpractice action, a plaintiff must prove a defendant failed to meet the required standard of care, which means the defendant failed to exercise that degree of skill and learning ordinarily exercised under the same or similar circumstances by members of the defendant's profession.
If these "rational choices based on statistical information" you refer to are within the accepted standard of care, a doctor is not going to be successfully sued for doing so.
The legal system does account for this. To succeed in a malpractice action, a plaintiff must prove a defendant failed to meet the required standard of care, which means the defendant failed to exercise that degree of skill and learning ordinarily exercised under the same or similar circumstances by members of the defendant's profession.
If these "rational choices based on statistical information" you refer to are within the accepted standard of care, a doctor is not going to be successfully sued for doing so.