State Senator Ant Thornton of New Mexico has raised concerns about the state's medical malpractice liability rules, suggesting they are contributing to a shortage of doctors and delaying patient care. His comments were made on the social media platform X.
"Yesterday, the State Republican Senators sponsored a Legislative Task Force focused on ‘Improving Healthcare Access via Medical Malpractice Reform," said Anthony Linn Thornton, New Mexico State Senator from 198th District (R). "Like many of you, I am fed up with the trial attorneys refusing to take responsibility for the proliferation of punitive lawsuits against our medical community for the purpose of lining their own pockets. If you can't get in to see a doctor in a timely fashion, blame the trial attorneys in our state legislature. We know how to fix this problem… we can change the laws to a more balanced approach; unfortunately the trial attorneys are refusing to do the right thing for the people of New Mexico."
According to Thornton, Republican senators organized a Legislative Task Force at the Sandoval County Commission chambers to investigate how these liability rules impact healthcare access. He said that punitive lawsuits and increasing insurance premiums are driving hospitals and clinicians out of New Mexico. Thornton called for "balanced" reforms to ensure patients receive adequate compensation without encouraging excessive litigation. This initiative is part of a broader Republican effort to adjust the state's malpractice system in preparation for 2026 proposals. A video of Thornton's opening statement was included in his post on X.
In 2021, New Mexico significantly revised its Medical Malpractice Act (HB 75), marking the first major update since 1976. The revisions expanded the scope of covered providers, restructured the state Patient Compensation Fund, adjusted venue and review-panel provisions, and increased liability limits. Notably, there is now a $750,000 cap for independent providers with higher limits for hospitals and outpatient facilities, which will increase over time. While stakeholders have differing opinions on these changes' effects, they have undeniably altered claims, coverage, and premium dynamics across the state.
Independent reports indicate that both claims and costs in New Mexico have risen. A 2025 analysis highlighted that rural hospitals experienced an average malpractice premium increase of 134% from 2019 to 2024, based on data from the New Mexico Hospital Association. Some institutions faced even sharper increases. Earlier reports noted that New Mexico has one of the highest per-capita rates of malpractice filings, with many suits initiated by out-of-state firms. These trends have sparked bipartisan discussions regarding venue regulations, caps on damages, attorney fees, and punitive-damages rules aimed at stabilizing coverage while safeguarding patients.
Senator Anthony "Ant" Thornton represents District 19 (Bernalillo, Sandoval, Santa Fe, Torrance). A retired aerospace engineer who worked at Sandia National Laboratories, he holds degrees from the University of Colorado, Stanford University, and Purdue University. Elected in 2024, he serves on both the Senate Education and Senate Judiciary committees and advises several interim committees. Previously nominated as the GOP candidate for lieutenant governor in 2022, Thornton focuses on expanding healthcare access, advocating for parental rights in education, and promoting economic growth.
