You can sue anyone for anything. That doesn't mean you're going to win. It's already extremely rare that a physician who actually followed an established standard of care to be found liable in a malpractice case. We should be hesitant to prevent anyone from seeking redress through the courts.

I'm also skeptical about putting the federal government in charge of establishing standards of care. We already see that some medical conditions have been heavily politicized by certain patient interest groups. And while evidence-based medicine is great, we still have nowhere near enough data to establish clear clinical practice guidelines for medically complex patients.