For the first I think not being trained and having the knowledge of surgery is categorically different, so I don't think that critiques holds up.
For your last point i think the rationalzation would be: "Punishing people for bad behavior is something that if everyone did would be good."
Your second point holds more water and is the standard critique (and my personal stance) on it though. My only critique against it use is that I think too often people think they and their circumstances to exceptional and they more clever then they are.