It would be different if the procedure was executed properly but the patient died anyway, but if the death is a result of an actual mistake by the doctor that could have been prevented, then it seems pretty straight forward.
Edit: I should add that the tricky part is deciding if the mistake could have been prevented, and if so, the level of negligence in play. Doctor was drunk during surgery? Easy. Doctor had a spasm during surgery? Harder to decide.
People aren't perfect, so I could see this causing many doctors to just avoid risky situations all together in fear of making a tiny mistake.
It's not always clear-cut -- if the surgeon nicked an artery during surgery (and immediately repaired it) but the patient died during surgery, did he die due to medical mistake? The surgeon clearly made a mistake, but did it contribute to the death?
It would be different if the procedure was executed properly but the patient died anyway, but if the death is a result of an actual mistake by the doctor that could have been prevented, then it seems pretty straight forward.
Edit: I should add that the tricky part is deciding if the mistake could have been prevented, and if so, the level of negligence in play. Doctor was drunk during surgery? Easy. Doctor had a spasm during surgery? Harder to decide.
People aren't perfect, so I could see this causing many doctors to just avoid risky situations all together in fear of making a tiny mistake.