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Guest Opinion

From the next generation of New Mexican doctors

On healthcare policies in New Mexico malpractice

Posted

I’m a New Mexican and fourth-year medical student at the Mayo Clinic, currently interviewing for a general surgery residency spot, a position where I’ll train to be a surgeon for the next 5-7 years.

I grew up in Albuquerque, bouncing between the North Valley, the International District, and the Northeast Heights. Like many kids, I dreamed of leaving the “Land of Entrapment,” as we jokingly call it. And I did. For the past three years, I have lived in different states.

But as the years pass, I find myself missing the open skies, the people, and the deep sense of community that makes New Mexico unique.

I often reflect on why I chose medicine, and the answer always brings me back to New Mexico. Our state has long struggled with limited access to healthcare.

Before starting medical school, I worked with a nonprofit supporting victims of human trafficking. We cared for patients with complex pregnancies, advanced cancers, and significant mental health needs, yet we were frequently placed in impossible situations because there was nowhere to refer them for appropriate care.

I remember one of my clients particularly well. She had stage IV cancer, and after many painful conversations, she chose not to pursue follow-up treatment because it would have required leaving the state. With limited resources, she felt her only option was to return to her rural community in New Mexico rather than seek care elsewhere. This was the first of many heavy moments with clients and patients here in New Mexico.

Now I stand at a crossroads, deciding where to train and eventually where to practice. UNM remains at the top of my list because it represents the chance to come home and serve the community that got me to where I am. However, New Mexico faces a crisis that makes that choice increasingly difficult, not just for me, but for all future physicians.

New Mexico is projected to have the second-worst physician shortage in the nation by 2030. The reasons are complex, what we call “multifactorial” in medicine; however, perhaps one of the biggest is the malpractice environment here in New Mexico.

Malpractice lawsuits exist for an important reason: patients must have a way to hold healthcare providers accountable when real harm occurs. The American healthcare system is deeply flawed, and patients deserve justice when standards of care are not met. But when the system begins to collapse under its own weight, it hurts patients, providers, and entire communities.

New Mexico has the highest rate of malpractice payouts per capita in the country. As a result, malpractice insurance premiums here are roughly twice the national average and continue to rise. This has forced many specialists out of the state.

Rural hospitals also have limited resources to keep up with increasing costs, and the cost of malpractice insurance and settlements has put a strain on every healthcare system here in New Mexico.

There are several reasons why the current malpractice environment is unsustainable. New Mexico’s malpractice compensatory damage cap is one of the nation’s highest and can often be bypassed. Furthermore, we have uncapped attorney fees, uncapped punitive damages, and permissive venue shopping.

This is why so many malpractice lawsuits in New Mexico are filed by out-of-state law firms, attracted by a legal climate that incentivizes large payouts.

As someone interested in becoming a rural surgeon, I am wary of the malpractice environment in this state and what it means for my future, as I see just how challenging it can be.

A new bill addressing malpractice reform is expected to be introduced this January. I urge New Mexicans to read it, discuss it, and demand a system that balances accountability with sustainability.


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