It's fundamentally different from malpractice in my opinion. In health care malpractice has obvious pieces of data - we know who the doctor is, we know their credentials, we know what information they had and when they had it, we know what they decided, what they prescribed, what they said.
Software engineering is a team based endeavor. Who exactly is responsible for unrecognized vulnerabilities? Everyone? No one? One dude who everyone sorta thought handled security stuff? It's as clear as mud.