Disproportionate Malpractice Payments: a Small Group of Physicians at the Center of New Mexico’s Crisis

Overview of Medical Malpractice in New Mexico

Recent analyses reveal a concerning trend in New Mexico’s medical malpractice landscape, where a small fraction of physicians is responsible for the majority of malpractice payments. According to a comprehensive study of data from the National Practitioner Data Bank, less than 1% of doctors account for a staggering 50% of the state’s malpractice payments over the past two decades. This concentration of claims raises questions about accountability and oversight within the healthcare system.

Rising Malpractice Payments and Concentration of Claims

In 2024, New Mexico experienced a notable increase in malpractice payments, reaching over $68 million, nearly doubling since 2022. The data indicates that the state has one of the highest per capita malpractice incident rates in the country, with 4.46 incidents per 100,000 residents, trailing only New York. This situation has prompted significant concern among lawmakers and healthcare professionals alike.

Key Findings from the Data Analysis

Former National Practitioner Data Bank associate director, Robert Oshel, highlighted critical insights during recent legislative discussions. His analysis found that of approximately 26,500 physicians practicing in New Mexico between 1991 and 2024, only 194, or 0.7%, were responsible for half of the total malpractice payments. Furthermore, a significant portion of physicians—around 94%—have never faced malpractice claims.

Implications for Patient Safety and Legislative Action

The findings underscore the urgent need for improved mechanisms to identify and address problematic physicians. Oshel emphasized that early identification through peer reviews and hospital oversight is essential for mitigating risks associated with repeat offenders. “One malpractice payment is a flag,” he noted, stressing that multiple claims should trigger immediate investigation by the medical board.

Challenges in Accountability

Despite the alarming statistics, the New Mexico Medical Board’s current policies may not be sufficient to effectively monitor physician performance. Monique Parks, the board’s interim executive director, stated that the board does not engage in medical malpractice case investigations. Dr. Karen Carson, the chair of the board, mentioned that investigations commence based on specific thresholds, such as three or more claims within five years. However, many argue that this threshold is too lenient, allowing potentially harmful practitioners to continue operating.

Case Study: Neurosurgeon Mark Erasmus

The case of neurosurgeon Mark Erasmus serves as a prominent example of the issues at hand. After accumulating $19 million in settlements from 26 patient claims, Erasmus lost his medical license in 2024. Attorney Lisa Curtis, representing multiple patients, pointed out that the same physicians repeatedly appear in malpractice cases, highlighting a systemic failure to address their ongoing risks to patient safety.

Legal Framework and Reform Needs

The current legal framework in New Mexico, especially the caps on compensatory damages, complicates the pursuit of accountability for negligent practitioners. Curtis noted that hospitals often hesitate to take action against high-earning specialists like surgeons, who are critical to their revenue streams. This dynamic further complicates efforts to enact meaningful reforms aimed at reducing malpractice occurrences.

Moving Forward: The Path to Improvement

As New Mexico grapples with these challenges, experts suggest that a comprehensive approach involving stricter oversight and proactive identification of high-risk physicians is essential. Dr. Darren Shafer, president of Presbyterian Medical Group, emphasized the importance of maintaining quality care and accountability through robust monitoring systems.

Ultimately, addressing the core issues of malpractice requires not only legislative action but also a cultural shift within healthcare systems to prioritize patient safety above all else.