Allow me to clarify. Under my plan, things would be no different, except that doctors may be able to prescribe better drugs/remedies that are not necessarily 'approved'. Think about herbal remedies that nobody wants to invest in to get through the 'FDA' approval process, and experimental drugs that are years and many clinical studies away from market.

Whether in this proposed system or in the current system, if you or a loved one is prescribed medications, you have a responsibility to perform minimal research into the effects of the prescribed drug. There are plenty of dangerous drugs being prescribed to people who cannot take them, due to conflicting prescriptions, allergies, or lifestyle conflicts.

If you're in a nursing home, they know everything about you already, so complications are less probable. If you're in the ER, they stick to safe medications until they have information about your medical history. Not to mention, anything you're given in the ER is short-term and thus has less potential for long-term adverse effects.

"Legal principles" are not synonymous with laws. No new laws were created in either of the cases you mentioned... Both decisions are firmly based in the pre-existing civil laws.

"Legal principles" are indeed "synonymous with laws". Really. I promise. This is how the common law works. Not every law springs from a statute. This is particularly true of civil law (as opposed to criminal law -- note that "civil law" is something that exists in common law jurisdictions as well as civil law jurisdictions -- you seem to be confused about the distinction between the civil vs. criminal and civil vs. common), but also occasionally of criminal law as well. Contempt of court, for instance, is a common-law criminal offense. Most of our torts have been enforced for centuries without being codified by statutes. Indeed, most of the statutes and codes codifying things like commercial law are distillations of common law rules that have been enforced for a long, long time by the courts. You have the historical tradition exactly backwards.