I agree in theory, but you don't get 'convicted' in medical malpractice (unless you truly screwed up, and even then, it's large settlement as opposed to guilty/not). It's not black and white. Everything's gray.
In any med malpractice suit, the plaintiff pt attorney, typically on contingency, just wastes your doc time and wastes your med mal company attorney's time and makes accusations until they get a settlement offer. They sue the surgeon, the PCP or hospitalist, the hospital, radiologist, everyone. Very few medical suits are dropped once initiated; the plaintiff side paid (probably some loser doc with no pts and time to read) for chart review and will then push and push to make profit on the case.
Defense (doc) malpractice company knows any chance of trial
loss like a BKA or puncture-to-TMA or whatever is a pretty big standard amount... and the trial would cost the malpractice company much $ win or lose (week trial is well into six figures!), so even if only a 1% or 2% chance of losing trial costs + $500k or more, they usually will just settle for $25k, $50k, 100k, etc (based on pt job, age, med facts, etc). Malpractice plaintiff side attorneys know this very well. Defense attorney knows also. The plaintiff side will take marginally strong cases and still get settlements,
even if doc/hospital charts are good in defense. This is much worse in some states than others. It is very common in govt hospitals (govt workers and vets get higher settlements typically). You have no say in it.
It sadly has very little to do with objectivity, and the goal of most med mal is simply fear factor to get settlement. They know the defense doesn't want jury trial since it's an expense and chance of very huge judgement. Medical facts absolutely might make the pre-trial settlement higher or lower, but the only facts that matter are pt came in with a foot, left missing a large chunk of foot or the leg a week later. That is their bluff... and bluff they will. They have bogus 'experts' to say whatever (delay of care, wrong surgery, wrong abx, wrong imaging, pt didn't understand instructions... doesn't matter). The patient will give deposition that they mysteriously forgot all instructions the doc chart says were given, all charted things were *poof* not in fact explained to them. Consent was also not informed.
The trauma and infection pts are higher risk for this nonsense due to them not knowing the doc before the admit or surgery, and they also have need for $ typically (often unemployed, MCA, possibly substance use pts). The "Jerry Springer" patients are the ones who sue docs most (and sue the city, trucking companies, their landlords, whatever). Attorneys have ads at bus stops and in bad neighborhoods and by the freeways for good reason!
I hope you never find out how it works firsthand. It is not a fun way to learn.
...the elective is certainly not risk free by any means, but you have some rapport with them, and they seldom go on to have amp of even a toe. A crooked toe is just not the end of the world, and it's nothing compared to septic ankle BKA. The worst they could bluff on elective is CRPS or worse deformity or disfigure scar or work missed due to nonunion or something. Deep infections or bad dehiscence from elective are definitely a problem, though... particularly in good earning pts or young ppl. At the end of the day, ppl tend to avoid litigating with a doc they like and believe was trying to help them, so the point is to be nice to pts. Working people also have $ and don't tend to want to get into a legal mess or time waste unless there was a ridiculously bad outcome.
Unfortunately, you just don't have that trust in the bank with ER type pts (hence malpractice insurance app 'do you take call' question). Orthos get sued a ton. Same for trauma surgeons. Ditto for ER docs. It doesn't mean they are bad; it's just part of the territory with doing procedures on what are basically sick or injured strangers. They often won't think twice about suing (esp if PA doing post-op visits, as many surgeons use).