OPINION: Malpractice reform is litmus test for leadership in NM governor's race

When former Las Cruces Mayor Ken Miyagishima announced medical malpractice reform as his No. 1 priority, some scoffed. Physicians across New Mexico did not. We heard the signal.

The malpractice environment in this state isn’t a nuisance. It is a crisis that is rapidly dismantling health care from the inside out, and this year’s governor’s race has become the litmus test for who supports real malpractice change.

Let’s speak plainly.

Bernalillo County District Attorney Sam Bregman promises to expand the physician workforce by signing onto interstate licensure compacts. Sounds good, but it’s a distraction — a shiny object for the uninformed — because without malpractice reform, those compact-eligible doctors won’t come. Or, if they do, they’ll leave after their first lawsuit.

The bottleneck isn’t licensing. It is liability.

In Bregman’s platform, there’s nothing about protecting the doctors already here. Most are sick of the risks they take every day, and many are ready to pack up and leave.

One thing is obvious: That omission is not an oversight. It is a signal.

A 501(c)(4) group tied to Bregman’s campaign leadership, New Mexico Safety Over Profit, spent heavily last session to block reform. Their strategy? Oppose limits on damages and attorney fees, and dress it up as patient protection. Yet most New Mexicans saw it for what it was — trial lawyer politics in advocacy clothing.

Also, what about former Congresswoman and Interior Secretary Deb Haaland? She has yet to say a single word about malpractice reform. No plan. No proposal. No acknowledgment that the physician shortage is, in large part, driven by legal exposure and unaffordable premiums.

It is a strange silence from someone known for her commitment to health equity. However, equity starts with presence. There has to be someone there — a doctor who stays. Without tort protection, even the most dedicated physicians are being forced out.

So far, only Ken Miyagishima has said aloud what others will not: Malpractice reform is essential to saving health care in this state.

Let’s be clear. No physician I know is asking to escape accountability. We are asking for proportion. For common sense. For a system that recognizes human variability and does not collapse under the weight of a single unpredictable outcome.

Doctors are not perfect. Neither is the courtroom.

Over a year ago, KRWG news in Las Cruces reported that 15 members of the New Mexico Legislature were attorneys, including the Speaker of the House and the Senate majority leader. By contrast, only two were medical doctors, and one of them was retired. That speaks volumes.

Good evidence suggests that our malpractice environment is contributing to a loss of physicians, reduced access to care and, inevitably, worse health outcomes.

Every candidate claims they care about access. Every candidate says they support health care professionals. However, until they speak the word “malpractice,” it is just political embroidery.

We do not need slogans. We need action.

To Haaland: Will you speak up? Will you name the malpractice crisis and offer a plan to address it? Or, will you let Bregman’s silence become yours?

To the voters: Look closely. The candidate who will not talk about malpractice reform is not avoiding controversy. They are avoiding reality.