Santa Fe, NM - Four Republican Senators today introduced a bill to prohibit obscene "punitive damages" payouts to trial lawyers at the expense of patients and doctors. In 2021, Democrats pushed through damaging increases to the punitive caps on medical malpractice claims, action which has created a crisis in healthcare access for New Mexico families. The legislation introduced today would prohibit the award of punitive damages in medical malpractice cases, a move the sponsors say is critical to stabilizing the state's collapsing healthcare system and prioritizing patients over courtroom profits.
Senators Pat Woods (R-Broadview), Nicole Tobiassen (R-Albuquerque), Craig Brandt (R-Rio Rancho), and Steve Lanier (R-Aztec) introduced their bill, aimed at ending the exodus of medical professionals from New Mexico. That exodus has led to increased wait times for New Mexicans seeking critical medical care. State leaders and doctors are worried that New Mexico's overly litigious posture towards medical professionals is severely impacting the health of vulnerable New Mexicans.
For years, New Mexico has faced a worsening physician shortage, particularly in rural and underserved areas. High-risk specialists, including OB/GYNs, urologists, and neurosurgeons, have increasingly fled to neighboring states like Texas and Colorado, citing New Mexico's hostile legal environment and uncapped personal liability as primary drivers.
"New Mexico today is a prime destination for out-of-state lawyers to prey on in-state doctors. We have allowed our state to become a playground for trial lawyers, and New Mexicans are losing their doctors because of it," said Senator Pat Woods. "When a doctor faces a single uncapped punitive judgment that can bankrupt their family and their practice, they don't stay in New Mexico—they move to friendlier states. This bill sends a clear message: we value our doctors–and their patients–more than we value enriching personal injury attorneys."
You just can't recruit top talent into a broken system," said Senator Nicole Tobiassen. "We are in a national competition for doctors. By eliminating the threat of uninsurable punitive damages, we make New Mexico a place where healthcare professionals can focus on saving lives rather than defending their personal assets and families from predatory lawsuits."
"We are committed to a healthcare system that works for New Mexico families, not a system built to enrich trial lawyers," said Senator Steve Lanier. "This bill is the most important step we can take to ensure that when a New Mexican needs a doctor, there is actually one there to answer the call."
The bill focuses on three primary goals:
Retention: Keeping current New Mexico doctors in their communities by creating a stable, predictable legal environment.
Recruitment: Making New Mexico competitive for new medical graduates who leave or bypass the state due to liability concerns.
Access: Restoring vital services, such as maternity care and emergency surgery, to rural New Mexico.
Senator Craig Brandt added, "Every time a doctor leaves our state, our families lose access to care. This isn't just a legal issue; it's a life-or-death issue for our constituents. We have to stop the "Lawyer Feeding Frenzy" that is driving our medical community away. If we don't do something about punitive damages, then everything else we do in this session means nothing."
Governor Michelle Lujan Grisham has identified medical malpractice reform as one of her top priorities, promising special sessions throughout the year if the Legislature fails to act during this session.
