Medical malpractice reform is once again a hot topic at the Roundhouse this legislative session. The issue escalated after a major overhaul of the Medical Malpractice Act in 2021. Since then, several national malpractice insurers have left the state. Those that have remained have drastically increased their premiums. The inflated insurance cost has made it harder for doctors to work and live in New Mexico. A report from Patient Led NM said that the state experienced a net loss of 250 doctors between 2019 and 2024.
Christine Chandler called said current medical malpractice legislation is a wide open opportunity for litigation. Along with Reps. Gail Armstrong, Dayan Hochman-Vigil and Sarah Silva, Chandler introduced a bill for this legislative session that looks to update New Mexico's medical malpractice system.
We've had some significant punitive damage awards that really are outside the bounds of what I think is reasonable," Chandler told KSFR. "So my bill, similar to what many states do, would cap punitive damages and provide some procedural safeguards as well."
Chandler is right to focus on punitive damage awards. The average payout in New Mexico is over $500,000, while the national average is around $309,000. Chandler said the legislation was partially inspired by other states' medical malpractice laws, including neighboring Colorado.
"I'm not adopting 100 percent what they're doing, but capping punitives and increasing the burden of proof is also in my bill," Chandler said. "Getting to a middle ground, as opposed to the lowest standard of proof that exists right now in our legal system."
Chandler said the bill has support from her legislative colleagues and that members of New Mexico's medical community have reached out voicing their support.
The Governor has yet to announce which bills will get a look this session.
