It’s rare to find common ground in today’s political climate. But here in New Mexico, one issue is uniting voters across party lines: our healthcare system is in trouble. However, too many policy makers still dismiss the reality that our medical malpractice laws are the biggest contributor to this growing crisis.
As a newly elected lawmaker, it is not uncommon to hear concerns about crime, inflation, infrastructure, and education. And rightfully so. New Mexico is consistently ranked last on the issues our constituents care about. Where you live and how much you earn annually likely determine the impact these issues have on your life.
Yet, the issue that seems to be impacting everyone equally across the state regardless of income, geography, or political affiliation is how hard it has become to access basic healthcare. And I couldn’t agree more. The frustration is real and growing. So, what happened? Why has it become so difficult just to see a doctor?
The answer is simple and infuriating: in 2021, our Legislature, led by progressive Democrats, dramatically increased the financial burden on hospitals by raising the cap on medical malpractice awards from $750,000 to over $6 million. This resulted in massive increases in the insurance premiums healthcare providers must pay to practice in New Mexico.
Imagine your car insurance suddenly doubled overnight — not because you got in an accident or bought a new car, but because the government changed the law to let people sue for more money after a crash. That’s what just happened to doctors in New Mexico. Their insurance costs are going up, not because they’re doing anything wrong, but because progressive lawmakers raised the limits to help trial lawyers cash in.
Under these new medical malpractice limits, patients who suffer harm can receive more compensation. But what isn’t often discussed is how much more trial lawyers stand to gain from these massive settlements. The Trial Lawyers Association lobbied hard for this change, and they got what they wanted. Legislators got campaign donations. Trial lawyers got bigger paydays. And the rest of us? We got longer wait times and fewer medical professionals.
New Mexico’s provider shortage is a product of a political marriage between lobbyists and Democrat lawmakers, and this crisis is only getting worse. Why would a doctor or nurse stay in New Mexico when they can practice in neighboring states with far lower malpractice insurance premiums? Many are doing just that.
The data is clear for everyone to see.
New Mexico is the only state in the country that has lost doctors in recent years – over 240 physicians have left the New Mexico workforce in the last five years. That’s not a coincidence. It’s cause and effect. As lawmakers, one of our most fundamental duties is to protect the well-being of the people we represent. That includes ensuring access to timely, quality healthcare. The decisions made by our Legislature, under pressure from special interest groups, have put that access at risk. We should all be deeply concerned.
It’s time to act. We must reverse the excessive malpractice caps and take bold steps to keep doctors in New Mexico, not drive them away. The longer we let the Trial Lawyers Association steer the ship, the further we drift from a functioning healthcare system.
More concerning, if we don’t course-correct now, we won’t just be losing doctors, we’ll be losing the ability to get life-saving care when our friends and family need it most.
Rep. Catherine Cullen represents District 57 in the New Mexico House of Representatives.
