I think in practice allowing them to be sued for egregious malpractice would lead them to be more hesitant to approve, since I think people are much more likely to sue for damage from approved drugs than damage from being prevented from drugs, plus I think judges/juries would find those cases more sympathetic. I also think this standard would potentially cause them to be less likely to change course when they make a mistake and instead try to dig up evidence to justify their case.
I think in practice allowing them to be sued for egregious malpractice would lead them to be more hesitant to approve, since I think people are much more likely to sue for damage from approved drugs than damage from being prevented from drugs, plus I think judges/juries would find those cases more sympathetic. I also think this standard would potentially cause them to be less likely to change course when they make a mistake and instead try to dig up evidence to justify their case.