OPINION: Bill prioritizes communication over litigation after medical errors

Of all the bills introduced this 2026 general session, House Bill 15, the Medical Injury Collaborative Resolution Act (MICRA), has the greatest potential to improve the lives of both doctors and patients with respect to medical malpractice. 

In the current climate, where the airwaves have been saturated with broad-sweeping messages that have made many patients and their loved ones feel unseen and stirred fear among current and future doctors, we must create space for greater humanity. We need to create a mechanism where individual people who have been through a difficult experience can come together to have an honest conversation when tragedy strikes.

In our current system, insurance companies and lawyers caution people against speaking freely when there has been a negative medical outcome because there is a danger that unprepared comments might be used against either the patient or the doctor at a later date in a legal proceeding. The insurance industry standard of “deny and defend” does not serve patients or doctors well, and it is incredibly expensive. A lack of meaningful communication leads to questions, suspicion and an absence of resolution or healing. The current system never gives doctors and patients an opportunity to learn from each other when there is a negative outcome. MICRA, which was partially inspired by the Michigan Model, creates a safe space where meaningful conversations can happen and be protected.

There is no evidence that the implementation of damages caps will result in lower malpractice premiums. Historically, this has not happened. After the University of Michigan implemented its model program between 2001 and 2007, malpractice claims dropped by 36%, and the value of claims dropped by an astonishing 59%. 

House Bill 15 may not result in lower insurance premiums if insurance companies choose to prioritize their financial interest, but it will result in an elevation of the humanity of doctors and patients, and has the potential to make health care systems safer. At least one hospital has implemented an informal version of MICRA, and it is time for us to support it and promote collaboration as a matter of New Mexico public policy.

Feliz Rael is a board member of New Mexico Safety Over Profit and a trial lawyer representing children, the elderly, and people with disabilities in cases involving nursing home abuse, neglect, and personal injury. She lives and practices in Albuquerque.