Disclaimer: The views and opinions expressed by Guest Bloggers are those of the authors and do not necessarily reflect the views or positions of the Democratic Party of Valencia County.
By James R. Tryon, M.D.
We all know that Democrats represent a “big tent”, and medical issues are only a part of the picture. New Mexico needs laws that will welcome doctors to private practice in our communities. These laws are very important.
Here’s why:
1. We have a doctor shortage. This has been known for a long time, but the problem is getting worse. It’s hard to recruit doctors to New Mexico because salaries aren’t always competitive. Even more importantly, malpractice issues are more problematic here than in other states in our region, like Texas.
2. In the last legislative session, the Medical Malpractice Act was “opened” by the Trial Attorneys. These are the lawyers who make money off of malpractice lawsuits against doctors. The Medical Malpractice Act increased the “cap” on malpractice lawsuits extremely high. That means physicians can be sued for a great deal more for punitive (punishment) damages. (The term used in the law is “non-economic” damages, but it is punitive in nature. To give a comparison, the new “cap” was increased in New Mexico to $4 Million! In Texas, the “cap” is limited to $250,000.)
3. Because the “cap” is so high now, many Insurance Companies won’t cover doctors in private practices that do procedures like colonoscopies or other in-office surgeries. In other words, doctors can’t get malpractice insurance to cover them because the risk is too great to the Insurance Company.
4. After the last legislative session, Governor Lujan Grisham had a special session to amend the newly changed Medical Malpractice Act with a temporary fix so doctors would be able to continue to practice until the issue could be studied more closely. It will come up again in the next session. (January 2023)
5. The issue is very complicated because hospitals, nurse practitioners, and other providers are included, and they all have different interests.
6. Our Governor is well aware of the issues, but the Democrats are often influenced by the Trial Attorneys because they are big contributors to the Democratic Party and, of course, they stand to gain a whole lot of money from such a large increase in the “cap”.
7. Historically, 7.5 out of 10 lawsuits brought against physicians are found in favor of the physician! (Historical data from the Medical Review Board). This means the doctors almost always win and are not guilty of malpractice. BUT, Insurance Companies still settle out of court most of the time because the cost of going to trial is so high, even if they win! This is yet another incentive for Trial Attorneys to pursue a lawsuit even if the physician is not at fault!
8. This issue affects mostly independent physicians, or neighborhood private practice and rural doctors who are not employed by the big groups and hospitals, like Presbyterian, Lovelace, etc.
9. Because of this law, the physician shortage will get worse if this issue isn’t resolved.
I know this is a complicated issue, but I have spent my life dedicated to our community and New Mexico and I want us all to have great, affordable health care from doctors who are just as dedicated to us.
As Democrats, we all want great doctors and great healthcare for New Mexicans. Please consider reaching out to your representatives and letting them know you want reasonable and competitive limits on malpractice lawsuits so that quality doctors will know that they are welcome and wanted here in the Land of Enchantment.
Sincerely,
James R. Tryon, M.D. Bosque Farms, NM
James R. Tryon, M.D., graduated from Las Cruces High School in 1964. He is an alumnus of the UNM School of Medicine, class of 1979, and performed his graduate medical training in Texas and California in 1987. After his training, he and his wife, Teresa Balcomb, M.D., moved back to New Mexico, he established a private medical practice in Albuquerque. They moved to their current home in Bosque Farms in 2000 where they have plenty of room for their horses. After a 42-year career as a Family Medicine doctor, he retired in 2021. They both love their horses, their Valencia County home, and are dedicated members and advocates of the Democratic Party.
