Is it really malpractice if there are zero education requirements, going as far as purposely not calling it software engineering since there is zero standards for the 'engineering' being done.

Perhaps not, but negligence and malpractice are different. Average joe can be negligent and legally liable (driving for example).

No idea what the legal precedent for negligent software engineering would be…

You can be negligent because there are rules of the road you sign up for, and get a license for. But if it's just a job you take with zero qualifications required, how can you be liable? The company, maybe. The programmer? Aren't called code monkeys for nothing.

Oh, I see what you’re saying. I agree. Although even with driving, an unlicensed driver would still be liable.

I suppose it depends what you consider agreement to social rules and how you define liability. I can certainly be held liable for damages for my actions to others which do not require me to hold any license - merely break the law.

Did I agree to the “rules of the road” when I was born? Do I consent by not emigrating?

(nits, picked…)

Use of payment networks and keys are protected by contractual agreements that have quite a lot to do with liability.