Ken Miyagishima, former mayor of Las Cruces, said in an interview with the Suncast that New Mexico's lack of caps on punitive damages in medical malpractice lawsuits is contributing to a physician shortage. He attributes this issue to legislators who are also malpractice lawyers.
"I don't think you can get more conflict of interest when you control legislation and and play around with it. That benefits you," said Miyagishima. "They don't even have there's not a cap like on, on on, punitive damages. we need to cap medical malpractice lawsuits, because if not all that's going to do is pass on, that's going to make health insurance more expensive, and maybe it's going to make some of them just go away."
According to a report by Searchlight New Mexico, New Mexico is the only state in the U.S. to have experienced a net loss of doctors since 2019, with 248 fewer practicing physicians reported by 2023. This shortage is particularly severe in rural areas, where residents often travel long distances for basic care. Health advocates cite rising malpractice premiums and the absence of tort reform as major contributors to this trend.
New Mexico has one of the highest rates of medical malpractice lawsuits per capita, significantly increasing liability insurance costs for doctors. From July 2022 to July 2024, more than 230 malpractice applications were filed in the state, putting financial strain on physicians and leading some to leave the profession or relocate. Legal experts argue that this environment creates fear among practitioners, discouraging them from continuing to serve communities, especially in high-risk specialties.
In early 2025, New Mexico lawmakers introduced Senate Bill 176 to reform the state's medical malpractice system. The bill proposed capping attorney fees and redirecting a portion of punitive damages to improve patient safety programs. Despite support from both parties and healthcare stakeholders, the legislation failed to advance, leaving current legal conditions unchanged and continuing to deter doctors from practicing in the state.
Think New Mexico, a nonpartisan policy think tank, has repeatedly flagged the lack of medical malpractice reform as a leading reason for the physician shortage in the state. The group recommends capping non-economic damages and limiting attorney contingency fees to prevent healthcare provider flight and stabilize the system. Their 2024 report outlines legislative actions needed to reverse the ongoing crisis.
Miyagishima served as mayor of Las Cruces from 2007 to 2023, making him the longest-serving mayor in the city’s history. He previously served as a city councilor and Doña Ana County Commissioner and was the first elected official of Japanese descent in New Mexico.
