Be nice, and you won't be sued

You Can Judge This Book by Its Cover, a review of Blink, Malcolm Gladwell's study of intuition:

Physicians who seem warm and empathetic - traits that can be sensed in a blink - are less likely to be sued by their patients, regardless of the number of errors they commit.

I'm willing to excuse a certain degree of incompetence in people who are nice. But medical malpractice?