Well, if you did you’d have the whole D&D community after you. Some of them weren’t pleased that specific spell effects and conditions weren’t the same in game, and that was a hot topic in the community when the game first dropped. Kind of a damned if you do, damned if you don’t thing, so why break the game or disappoint players?
But they already crossed that line. There’s tons of shit from 5E that aren’t in BG3 and lots of mechanics work differently. You don’t need a rope to climb, you don’t need to find and secure and area to rest, there are no hit die. Shit, Cleric is missing like 7 entire domains.
So what if they exclude a couple impossible to balance spells?