You do not really understand what "experimental treatment" means without doing medical research. In general, it means it is extremely more likely to acutely hurt more than it helps you. I mean like million to one odds.
Wait: you're arguing that doctors and researchers don't understand the risks of experimental treatments better than the general public?
Why would you think that?
Because they have no excuse, a jury would agree they should've known better.
Edit: It is much easier to break things you don't understand than fix them.