by: State Senator Jim Townsend
New Mexico is facing a healthcare emergency that demands immediate action. We have a severe shortage of medical doctors. In 2024, New Mexico became the only state in the nation to experience a decline in the number of physicians. Over 2,200 physician job vacancies are open in our state, and the situation is worsening daily. Our population is aging, the demand for healthcare is growing, yet physicians are leaving, and few are coming to replace them.
Nationally, the number of doctors grew by over 44,000 last year, while New Mexico, with its aging population, faces a shrinking pool of available doctors. Alarmingly, only about 25% of the remaining doctors in our state practice independently. Why? Because the looming threat of medical malpractice suits—and the cost of defending against them—is forcing even our best doctors to seek protection under larger institutions.
No young doctor wants to come to New Mexico—not because of a lack of opportunity, but because they face an environment where the costs of practicing medicine are unsustainable, and the risks, especially from frivolous malpractice lawsuits, are catastrophic. In New Mexico, there is one malpractice lawsuit for every 14,000 residents; the national average is one for every 34,000. We don’t have bad doctors—we have some of the best healthcare professionals in the country. The real issue is a legislative climate controlled by trial attorneys who have distorted the system to serve their own interests, leaving patients to suffer.
The numbers are damning. The average cost for an independent doctor’s medical malpractice insurance premium in New Mexico is over $43,000 annually—more than 60% higher than surrounding states, where premiums are in the mid-$20,000 range. This is unsustainable. The loss ratio for insurers in New Mexico—the amount paid out in claims versus premiums collected—is the highest in the nation. This means premiums will continue to rise, more doctors will leave, and fewer new practitioners will be willing to open practices here. This vicious cycle is accelerating.
The origins of this crisis trace back to 2021 when legislation was passed—sponsored by trial lawyers—that dramatically increased the potential liability for doctors. That bill passed by a razor-thin margin in the state House of Representatives, with every Republican opposed and only Democrat votes carrying it. Since then, New Mexico’s healthcare system has deteriorated.
Efforts to address this issue have been stymied at every turn. Recently, I attempted to engage with leadership to find a solution, but was told we wouldn’t discuss reforms until trial attorneys were “ready to come to the table.” The unfortunate reality is that trial lawyers have no incentive to change the status quo; they benefit from higher liability thresholds that allow them to sue for larger settlements. They’ve gone so far as to create dark money
groups, like “Safety Over Profits,” to manipulate public opinion and legislative priorities. After being exposed, they seem to have rebranded as “Patient Protection Project.”
Let me be clear: there is a case to be made for holding doctors accountable for malpractice, but not at the cost of New Mexicans’ health. Not when patients are suffering because a system prioritizes the interests of trial attorneys over the people. I recently spoke to a family that said, “We used to say, ‘Let’s go to the hospital.’ Now we say, ‘Let’s go to the airport.’” For too many New Mexicans, that’s the harsh reality. When healthcare becomes inaccessible, the only option is to leave the state.
Long wait times, fewer healthcare options, and skyrocketing costs are already crippling our healthcare system. This is not a distant problem—it’s happening now, and it’s getting worse by the day.
So, what do we do? How do we fix this? It’s simple. We need an outcry from the people of New Mexico demanding legislative accountability. You, the citizens of this state, are the only ones who can change this. Your legislators are elected to represent you, not the interests of a select few. The patients of New Mexico vastly outnumber the trial attorneys, and it’s high time that the people take a stand.
The people of New Mexico deserve accessible, affordable healthcare, and it’s time for trial attorneys to put the needs of patients ahead of their own profits. Urge them to work with lawmakers and doctors to find a fair solution that doesn’t jeopardize the health and well-being of New Mexicans.
If we don’t act now, the situation will only continue to spiral out of control. The power to change this lies in your hands. Call, email, and let your voice be heard. Demand that your elected officials come together for the benefit of all New Mexicans.