I don't think it's the same argument. Being liable for the things you actively and intentionally do to all of your customers is not the same as being liable for

I don't think it's the same argument. Being liable for the things you actively and intentionally do to all of your customers is not the same as being liable for a risk inherent in a medical procedure that you've done your due diligence to prevent and warn about. In either case, there should be some form of accountability, but they are not at all the same thing.