I'm not really sure what your point is. Ultimately, any kind of negligent behaviour would be "malpractice", but that's not something that can be completely elim

I'm not really sure what your point is. Ultimately, any kind of negligent behaviour would be "malpractice", but that's not something that can be completely eliminated. Mistakes always happen, regardless of care or attention paid; it seems like the focus should be to develop systems which can minimise their occurrence, minimise the severity of them if they do occur, and help to provide information that can reduce recurrence. I find the approach of things like rail and air accident investigations to be really useful. The goal for the investigation of any accident should not be about apportioning blame, but understanding why accidents happen and how their occurrence can be effectively reduced or eliminated.