By DAYMON ELY
Attorney
Former New Mexico Representative

At its heart, the debate over medical malpractice reform is not about trial lawyers or corporate profits – it is about our most basic values. Every New Mexican deserves access to quality health care. And every New Mexican deserves justice when that care falls tragically short.

Medical malpractice is rare. Fewer than 1% of medical providers are responsible for the vast majority of malpractice claims, but when tragedy strikes and a patient is harmed or killed, that patient or their family needs to know that they can get justice in a legal system that is fair to patients and doctors.

House Bill 99, a bill to update our state’s medical malpractice laws, represents a once-in-a-generation opportunity. As passed by the House Health and Human Services Committee, HB99 strikes the right balance. It protects doctors, nurses, and other providers who work hard every day to care for New Mexicans. The bill’s protections apply to every individual qualified healthcare provider, whether they work independently or in a hospital. The bill supports small, rural hospitals already stretched thin. And at the same time, it preserves the fundamental right of patients and families to seek justice when powerful corporate health care systems cause injury or death.

This bill is not anti-doctor, and it is not anti-patient. It is pro-access, pro-accountability, and pro-New Mexico.

Unfortunately, there are growing concerns that some Republican legislators want to weaken HB99 – not to improve patient care, but to shield multi-billion-dollar health care corporations from responsibility. Proposed changes would grant these corporate giants broad immunity, allowing them to escape legal accountability even when their decisions harm patients.

That would be a devastating mistake.

When corporate health care systems cut corners, prioritize profits over safety, or impose policies that lead to patient harm, they must be held accountable – just like any other corporation operating in our state. Anything less sends a dangerous message: that corporate power matters more than New Mexican lives.

HB99, as currently written, protects local providers while ensuring that no one – especially not out-of-state mega-corporations – is above the law. Weakening it would undermine access to care, erode patient rights, and shift the balance decisively in favor of corporate interests.

New Mexicans deserve better.

I urge legislators to stand firm. Keep HB99 exactly as it passed the House Health and Human Services Committee. Reject any amendments that would let corporate health care systems off the hook. Protect patients. Support providers. And put New Mexico – not corporate donors – first.