Same as my other comment.

Don't use a proxy.

Is it defensible to claim that men don't commit more violent crime than women? Sure, men are convicted of violent crimes at a higher rates, but convictions for violent crimes is just a proxy for the true violent crime rate. If we want to make th claim that there's a disparity here we shouldn't use a proxy.

Of course, that logic doesn't work because convictions for crime is a pretty good proxy. If I want to discredit it, I'd have to actually explain why convictions for violent crime don't correspond to the true crime rates. If you have cause to think that malpractice lawsuits and disciplinary actions are not a good proxy for poorly administered medical care, I'm all ears.