SANTA FE, N.M. – New Mexico is not the only state facing a doctor shortage right now, it’s a national problem. 

Experts fear it’s only going to get worse in New Mexico unless state lawmakers do something about medical malpractice.

“We are in crisis. We are at a critical point. We are at a breaking point. If there isn’t some change done soon, there is going to be more patients harmed because of lack of access,” said Dr. Angelina Villas-Adam, president of the New Mexico Medical Society. 

Villas-Adams with the New Mexico Medical Society says the state’s medical malpractice environment is absolutely part of the problem.

“If medical malpractice occurs, where a patient is injured because of some wrongdoing, then that patient needs to be compensated,” said Villas-Adams. “But we also need an environment that is balanced where, where there’s not an exorbitant amount of these lawsuits and frivolous lawsuits being claimed to where it’s driving doctors away.”

State Sen. Martin Hickey blames that lack of balance on a 2021 bill revamping the state’s medical malpractice system, drastically increasing the cap on medical malpractice damages, and unintentionally giving trial attorneys the upper hand.

“We have doubled the number of cases, and we now lead the nation in malpractice cases per capita in the country,” said state Sen. Martin Hickey.

Hickey says that drastic increase in cases sent medical malpractice insurance premiums sky-high, forcing many doctors into a corner.

“I know a physician who moved to Arizona, and he told me that his premiums were 1/3 of what they were here,” said Villas-Adams.

She added there’s no cap on punitive damages either. The punishment, so-to-speak, contributing to a record $412 million medical malpractice payout in 2024.

“Those are not covered by malpractice insurance. And so that’s where that piece of fear comes in, when you feel like you’re personally going to be attacked,” Villas-Adams said. 

So how do state lawmakers fix this? Hickey says it’s time to put some limitations in law, and 19 other state lawmakers on both sides of the aisle are on board.

Hickey’s bill would make three big changes to the medical malpractice system. 

First, 75% of those punitive damages would go to the state Department of Health. Second, attorney fees would be limited to just a fraction of what’s left. 33%, of the case goes to trial, and only 25% if it’s settled.

“Then the rest of that money goes to the patient, not to the trial attorney, and that that’s what we want,” said Hickey. 

Third, patient’s medical expenses, which are covered by the state’s patient compensation fund, would be paid out over time, not all at once.

“People are hurting, and unfortunately, until we all agree to come together to fix it, it’s only going to get worse,” said Hickey.  

There are some other medical malpractice bills calling for other changes to the system. So far, none of them have left the starting line and the clock is ticking.