The weird thing is most doctors are not trained to be scientists, but many of them are expected to do science.
There are ways to punish "malpractice" that aren't lawsuits, on many different levels, so I think the status quo argument still holds.
Malpractice suits are supposed to be compensatory. Punitive action is supposed to be handled through regulatory and criminal processes, not civil ones, but it often doesn't work that way.
Related: Son of Low Hanging Fruit
Another post on finding low hanging fruit from Gregory Cochran's and Henry Harpending's blog West Hunter.