The counter argument is that’s just a training problem, and IMO it’s a fair point. Neural nets are used as classifiers all the time; it’s reasonable that sufficient training data could produce a model that follows the professional standards of care in any situation you hand it.
The real problem is that we can’t tell when or if we’ve reached that point. The risk of a malpractice suit influences how human doctors act. You can’t sue an LLM. It has no fear of losing its license.