‘Political theater’? Dem lawmaker shrugs as malpractice costs drive NM docs. out

In a recent opinion column published by The Albuquerque Journal, Democrat State Rep. Liz Thomson dismissed growing concerns over New Mexico’s medical malpractice system as nothing more than “political theater” and a “phantom problem.” But physicians across the state—and hard data—tell a very different story.

Thomson, an Albuquerque progressive who chairs the House Health and Human Services Committee, doubled down on her opposition to medical malpractice reform, arguing that the real causes of the physician shortage are insufficient pay, student debt, and lack of housing support.

“Now that the gutting of Medicaid makes it more important and urgent than ever that we stop debating phantom problems and focus our attention on the real challenge: ensuring every New Mexican has timely access to quality medical care,” Thomson wrote.

She added, “It doesn’t point fingers at patient advocates and it doesn’t propose solutions that harm a patient’s access to justice,” implying that efforts to reform the state’s high-risk medical malpractice climate are unjustified and unnecessary.

But doctors, hospital administrators, and business owners have warned for years that New Mexico’s out-of-control malpractice insurance costs—particularly after the 2021 amendments to the Medical Malpractice Act—are creating a dangerous climate for providers.

What the Data Shows

Since 2021, when the Legislature raised the liability cap for independent outpatient healthcare facilities from $600,000 to $750,000 (and ultimately up to $1 million by 2027), malpractice insurers have fled the state. The Doctors Company, once a major provider of malpractice insurance in New Mexico, withdrew from covering independent outpatient facilities altogether.

A 2022 report from the New Mexico Medical Society found that more than 100 doctors left the state in just one year, citing skyrocketing premiums and the threat of unlimited personal liability.

In 2023, more than two dozen clinics warned they were planning to close or stop offering high-risk procedures such as OB-GYN and emergency care due to unaffordable coverage. Many providers reported malpractice premiums doubling or tripling after the law changed.

The American Medical Association has consistently ranked New Mexico as one of the most “medico-legally hostile” states in the country, making it one of the hardest places to recruit and retain specialty physicians.

And it’s not just anecdotal. In 2024, the LFC’s own staff acknowledged in testimony that high liability exposure—especially for independent providers—was contributing to the exodus of physicians, particularly in rural areas.

The Consequences

Patients are feeling the effects. Expectant mothers in southeastern New Mexico must now travel hours to find OB-GYN care, and some small hospitals report being unable to find coverage for anesthesia or emergency surgery on certain days.

Meanwhile, Rep. Thomson continues to reject malpractice reform as mere “misinformation.” Her dismissal of these urgent warnings as a “phantom problem” may be politically convenient, but for doctors and patients alike, it’s a very real crisis.

Unless lawmakers take immediate steps to restore balance and fairness to the medical malpractice system, New Mexico risks losing even more of its already limited health care workforce.

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1 thought on “‘Political theater’? Dem lawmaker shrugs as malpractice costs drive NM docs. out”

  1. Shocker that Liz Thompson says this and feels that way. She has done nothing for state except to bring it down. I was in the Medical field for over 30 years and can attest to what the article says, and recently went out of state to receive spinal surgery as neurosurgeons are almost non existent in the state. This not only drives doctors out of the state, but also residents, and we will ne part of that number that is leaving soon.

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