It would be very psychologically difficult for someone whose relative just died to accept a "blameless review", and if that review lead to a decision that a law

It would be very psychologically difficult for someone whose relative just died to accept a "blameless review", and if that review lead to a decision that a lawsuit was unwarranted, well, that might make the relative angry enough to do something regrettable. I agree that it's the right answer in a cold-blooded "improving the practice of medicine" sense, but laws have to take human behavior into account.