OPINION: New Mexico's physician crisis: A legislative failure

New Mexico’s physician shortage is no longer a looming concern — it’s a full-blown crisis. With a shortfall of thousands of health care workers in order to meet national benchmarks, the gap between patients and providers widens every day. On Oct. 1, the governor will convene a special legislative session to address federal budget cuts to health care, but the deeper problem isn’t in Washington. It’s in Santa Fe.

For years, a Legislature heavily influenced by trial attorneys has tilted the system to serve their own interests, leaving patients to bear the consequences. Physicians are steering clear of New Mexico — or leaving altogether — because they face a hostile practice environment: sky-high malpractice premiums, exposure to frivolous lawsuits, six- to nine-month licensing delays (double the time of some neighboring states ) and tax burdens that make running a medical practice financially unsustainable.

The roots of today’s collapse trace back to 2021, when trial lawyer-backed legislation dramatically expanded doctors’ liability. The result destabilized the insurance market. New Mexico became the only state in the nation losing physicians year-over-year. By contrast, states like Texas, Indiana and Colorado took the opposite path: They capped liability for punitive damages, stabilized coverage and sent a clear message to insurers and doctors that their legal climate was predictable and manageable.

Worse, reform efforts have been actively obstructed. As reported by the Albuquerque Journal on Aug. 12, a nonprofit calling itself New Mexico Safety Over Profit (NMSOP) has used more than $1.3 million in contributions tied to the Trial Lawyers Association (nearly entirely funded by trial lawyers and their law firms) to derail bills aimed at controlling attorney fees and redirecting punitive damages into patient safety funds. Their playbook has been to spread misleading claims that the doctor shortage is a myth and malpractice costs are stable — narratives that give cover for legislators to stall or kill reform. This also stalls license compact entry or temporary licensure solutions that could soften recruiting bottlenecks. NMSOP claims to “advocate for the people,” but in practice it has become a roadblock to reform.

Accountability for malpractice must remain — but accountability is not the same as unlimited liability. The current system is driving doctors away, shuttering facilities and reducing access to care. Role-model states show a better way:

• Economic damages remain fully recoverable, ensuring patients receive true compensation.
• Caps on punitive damages provide predictability.
• Attorney fee limits and filters for frivolous cases discourage abuse.
• Compensation funds bolster patient safety.
• Interstate licensing compacts make it easier for physicians to relocate and practice quickly.

New Mexico deserves no less. Patients need timely, affordable care, not a Legislature paralyzed by the financial interests of a few. Unless lawmakers stand up to trial-attorney pressure, the system will continue to unravel.

The choice is clear: Pursue genuine reforms modeled on successful states — or keep wasting time on symbolic distractions like debating a state bread and approving multiple new specialty license plates. If the Legislature chooses to do nothing or talk half-hearted reforms, New Mexicans will keep losing doctors and access to health care will collapse further.

It’s time for lawmakers and trial attorneys alike to put patients first and overhaul a system that’s not currently economically and operationally viable for practicing medicine. Without real compromise, the state’s health care crisis will only deepen.