New Mexico lawmakers have introduced two bills aimed at limiting punitive damages and attorney fees in medical malpractice cases, following discussions on the state’s high rate of such lawsuits and their impact on health care access.During a news conference last week, Democratic leaders outlined their priorities for the 2026 legislative session, including medical malpractice reform. However, questions arose about the absence of bills directly addressing the issue. Subsequently, two lawmakers, one Republican and one Democrat, filed bills seeking to limit punitive damages and attorney fees in malpractice cases.Presbyterian Healthcare Services has been running ads highlighting the issue of disappearing doctors in New Mexico, claiming the state has the highest rate of medical malpractice lawsuits due to the lack of a cap on punitive damages. They argue this situation leads to long wait times for appointments and limited access to doctors, with the state losing 248 doctors in the past five years.”So we’re really looking for thoughtful reform to protect patients and strengthen our healthcare,” Daren Shafer from Presbyterian said.However, the New Mexico Trial Attorneys Association has challenged some of the hospital’s claims. Personal injury attorney Cid Lopez argued that reforming medical malpractice laws is not the solution to retaining doctors.”In fact, our neighbors to the west in Arizona, they’re saying let’s expand our residency programs, let’s open up our residency to allow more physicians, there are other solutions here,” Lopez said.Presbyterian maintains that the absence of a cap on punitive damages is causing malpractice lawsuits to soar. “I have a real problem and a real concern with insurance companies raising the rates like this without explanation, and I don’t think they can point to lawsuits as being the reason,” Lopez said.
New Mexico lawmakers have introduced two bills aimed at limiting punitive damages and attorney fees in medical malpractice cases, following discussions on the state’s high rate of such lawsuits and their impact on health care access.
During a news conference last week, Democratic leaders outlined their priorities for the 2026 legislative session, including medical malpractice reform. However, questions arose about the absence of bills directly addressing the issue. Subsequently, two lawmakers, one Republican and one Democrat, filed bills seeking to limit punitive damages and attorney fees in malpractice cases.
Presbyterian Healthcare Services has been running ads highlighting the issue of disappearing doctors in New Mexico, claiming the state has the highest rate of medical malpractice lawsuits due to the lack of a cap on punitive damages. They argue this situation leads to long wait times for appointments and limited access to doctors, with the state losing 248 doctors in the past five years.
“So we’re really looking for thoughtful reform to protect patients and strengthen our healthcare,” Daren Shafer from Presbyterian said.
However, the New Mexico Trial Attorneys Association has challenged some of the hospital’s claims. Personal injury attorney Cid Lopez argued that reforming medical malpractice laws is not the solution to retaining doctors.
“In fact, our neighbors to the west in Arizona, they’re saying let’s expand our residency programs, let’s open up our residency to allow more physicians, there are other solutions here,” Lopez said.
Presbyterian maintains that the absence of a cap on punitive damages is causing malpractice lawsuits to soar.
“I have a real problem and a real concern with insurance companies raising the rates like this without explanation, and I don’t think they can point to lawsuits as being the reason,” Lopez said.
