By DIANE DENISH
Corner to Corner
diane@dianedenish.com

I used to have a greeting card that said, “Some days I don’t know whether to change the world or enjoy the world. It makes it hard to plan the day.” If we do one, we can do the other. By changing the world, I don’t mean the entire world. I mean our world right here in New Mexico — the world around us. That’s why I’ve been paying close attention to what is happening with healthcare worker compacts (not just doctors) and medical malpractice reform.

One thing should be clear: not all trial lawyers are medical malpractice lawyers. Trial lawyers are necessary for many types of civil and liability cases. And medical malpractice lawyers play a vital role for patients who have legitimate claims and deserve full compensation. No one involved in this debate is disputing that.

But first, the compacts. One of the medical compacts — SB1, the physician licensure compact — has passed the state Senate and is now headed to the House. Ironically, Senator Katy Duhigg (D- Bernalillo), who for the past four years has been an obstacle to passing any compacts, was named to the negotiating team and will now get some credit. But it was lead negotiators Sen. Linda Trujillo and Rep. Marian Matthews who pushed it across the finish line. While Duhigg may receive some credit for the bill’s eventual passage, she also deserves some credit for the current healthcare crisis, which has forced thousands of New Mexicans to wait endlessly for basic and specialty care while she and others stonewalled earlier efforts.

There are seven additional healthcare compacts, covering a range of healthcare disciplines, that have been introduced and passed by the House Health and Human Services Committee and are headed to House Judiciary. These bills are likely to move easily through the House and on to the Senate. Duhigg has claimed in various settings that we can’t pass all of these compacts because we will soon have a new governor and “it’s too much work for Regulation and Licensing.” That not only diminishes the hardworking state employees in that agency — it’s also baloney. In fact, those are exactly the reasons these bills should pass, so healthcare professionals can get to work and the new governor will have clear ground rules from day one.

As public demand and pressure to pass the compacts has grown — and thanks to Gov. Lujan Grisham for pushing them forward — it has also become clear that for these compacts to succeed, lawmakers must pass HB99. Sponsored by Rep. Christine Chandler and other House members, HB99 would significantly reform New Mexico’s medical malpractice laws. It limits punitive damage awards, changes how and when punitive damages can be filed, and makes important adjustments to the patient compensation fund.

Why must this go hand in hand with the compacts? Because New Mexico has developed a reputation beyond its borders for an out-of-control medical malpractice environment. Doctors in other states who could practice here through compact agreements may simply decide not to participate because of our current laws.

HB99 is sponsored by a bipartisan group of House members who are listening to both their constituents, patients, and physicians across the state. These sponsors operate more independently. They are not under the thumb of the New Mexico Trial Lawyers Association who for years have funneled money to legislators to garner support for their position. This bill is the lynchpin to our ability to recruit and retain doctors in New Mexico.

It’s not complicated, despite what medical malpractice lawyers would have us believe. And if there was ever a time to strengthen New Mexicans’ access to both basic and specialty healthcare, it is now. It’s a small way to change the world—and enjoy it—all at once.