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Michelle Lujan Grisham, Governor of New Mexico | Facebook

New Mexico House Republicans renew call for tort reform amid doctor shortages

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The New Mexico House Republicans have renewed their calls for medical malpractice reform, alleging that Democratic leaders are obstructing necessary changes as doctors exit the state and patients encounter extended wait times. They assert that the existing system favors trial lawyers at the expense of access to care.

According to the New Mexico Legislative Finance Committee (LFC), provider shortages across the state, particularly in rural areas, are limiting access to healthcare and placing additional strain on hospitals already operating with limited resources. The LFC's August 2023 hearing brief highlights ongoing health professional shortage area designations and notes that cost pressures, including those related to malpractice, exacerbate access issues. This context aligns with the caucus's assertion that legal and financial structures are contributing to increased wait times and reduced appointment availability for residents of New Mexico.

KOAT 7 News' Target 7 investigation reports that New Mexico has lost approximately 248 practicing physicians over five years, with medical malpractice premiums in the state being "about double" those in neighboring states. The report attributes this trend to data from the Physicians Advocacy Institute and links premium hikes to high-dollar judgments. KOAT further connects these physician shortages to longer waits for specialty care, highlighting direct impacts on patients.

Source New Mexico's coverage of a Think New Mexico study reveals that the state experiences about one medical malpractice lawsuit per 14,000 residents—more than twice the national average—amid recent large judgments that have driven premiums up by as much as 500%. The article outlines findings from the report indicating that current rules disproportionately benefit attorneys through fee structures and damage design, reinforcing litigation incentives. Think New Mexico suggests capping attorney fees, ending certain lump-sum payments, and redirecting a portion of punitive damages to patient-safety funds as measures to alleviate systemic pressure.

According to their official website, the New Mexico House Republicans prioritize policies they claim will enhance access to care and reduce costs, including tort reform and physician-recruitment initiatives. Their press room and issue pages frequently emphasize proposals aimed at realigning malpractice incentives they argue currently favor trial lawyers over patients and providers. The caucus describes these reforms as crucial for stabilizing the healthcare workforce and reducing patient wait times statewide.

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