Our malpractice system is broken because it's a lie.
What I mean by this is that state laws state that a doctor has to break a "standard of practice" in order to be guilty of malpractice.
Now who sets the "standard of practice"? Is it a random doctor serving as an expert witness? Or is it a professional society composed of many members who collaborate to set standards?
The court system doesn't care what the ACEP position statement or pratice protocol says. All the court cares about is expert A vs expert B in the courtroom. It's an outrageous sham that says one thing but works in exact opposite of what it says.