Latest news with #SenateBill176
Yahoo
6 days ago
- Health
- Yahoo
Jury hits Presbyterian with $40 million verdict in medical negligence case
Jun. 4—A jury this week awarded more than $40 million in damages to a couple who argued that personnel at Presbyterian Healthcare Services failed to diagnose a condition that resulted in brain damage to their infant child. The couple argued in a lawsuit that Presbyterian personnel failed to diagnose the infant's low blood glucose levels after the child's birth in April 2019, resulting in permanent developmental effects. The award included $15 million in punitive damages against Presbyterian. Jurors also awarded nearly $25 million to the child, now 6, and a total of $825,000 to the boy's parents, Samantha and Patrick Leonard. Jurors also found that the conduct of four Presbyterian personnel, including two physicians and two registered nurses, showed "reckless or wanton" behavior on the part of the health care system, 2nd Judicial District Court records show. Jurors handed down the verdict on Monday following a two-week trial before state District Judge Denise Barela-Shepherd. Presbyterian called the judgment "excessive" in a statement issued Tuesday. "While we respect the judicial process, we have serious concerns about this outcome and the unprecedented size of the damages awarded," the statement said. "We intend to pursue legal options to address what we consider to be an excessive judgment." "Presbyterian is committed to providing safe, high-quality care to our communities," it said. The verdict comes about six months after a Bernalillo County jury awarded nearly $17 million in damages to a woman who carried a 13-inch metal instrument in her abdomen for two months following a 2019 surgery at Presbyterian Hospital. That Jan. 14 verdict included $15 million in punitive damages against Presbyterian. Earlier this year, lawmakers failed to approve a bill that sought to counter the shortage of health care providers in New Mexico by changing the state's Medical Malpractice Act, including limiting attorney fees in medical malpractice cases. Senate Bill 176 died in committee after drawing strong opposition from trial lawyers and patients injured by medical malpractice. Supporters of the bill argued that New Mexico's medical malpractice laws have made the state a magnet for out-of-state attorneys and discouraged doctors from practicing here. In 2022, New Mexico had the highest medical malpractice insurance loss ratio in the country, according to a recent Think New Mexico report, meaning insurers paid out 183% of the premiums they took in. Indeed, New Mexico was one of only seven states where insurers lost money, making it much more expensive for them to function in this market. Lisa Curtis, an Albuquerque attorney who represented the Leonard family, said jurors awarded $15 million in punitive damages as a warning to Presbyterian. "It's clear they were just trying to send a message — take better care of our children," Curtis said Tuesday. An attorney for Presbyterian Healthcare Services, Colleen Koch, did not immediately return phone messages Tuesday seeking comment. The boy, who was born about three weeks prematurely at Presbyterian Hospital in April 2019, had undetected hypoglycemia, or low blood sugar, due to high insulin levels, according to the 2022 lawsuit. The boy was discharged from the hospital two days after birth. Seven days after discharge, the boy became "fussy and febrile with less active feeding" and was readmitted to Presbyterian. Eight days after the boy's birth, his brain and heart shut down, Curtis said. "They started testing his blood sugar after that," she said. "His blood sugars were super low. They figured it out in a day once he had crashed and they tested him." Presbyterian violated its own policies that require blood-sugar testing for all babies born prematurely within 24 hours of birth, Curtis argued. The boy "suffered undetected hypoglycemia with subsequent seizure activity and respiratory arrest when he was only (8) days old," the lawsuit said. The boy "is suffering the long-term consequences of developmental delay/sensory disorder, abnormal vision and behavioral effects."
Yahoo
28-03-2025
- Health
- Yahoo
Governor, advocates talk next steps after bills aimed at doctor shortage fail
Dr. Angelina Villas-Adams wants to "stop the bleed." And by that Villas-Adams, a gastroenterologist and president of the New Mexico Medical Society, means she wants to halt the flow of New Mexico medical providers to other states. "We need a fix for our state and for our patients … and we need a fix for the medical community, so that physicians and providers and clinicians can have a safe space to practice medicine," Villas-Adams said in an interview. That fix didn't come during this year's legislative session. Though lawmakers repeatedly framed New Mexico's shortage of medical providers as a priority, the Legislature failed to pass most of its major health care workforce reforms, including an overhaul of the medical malpractice system and interstate compacts to ease the arrival of practitioners. The health care worker shortage has grown so dire, in fact, that it created common ground among the Legislature's Republican leadership and Democratic Gov. Michelle Lujan Grisham. In comments following the conclusion of the session, both urged more work on the issue. In a letter to the governor, all six Republican legislative leaders called for "an immediate special session" to address "the inability of New Mexicans to receive health care due to the lack of medical professionals," in addition to the state's violent crime problem. 'I don't disagree with the Republican caucus's sentiment on malpractice and on our doctor shortage. It is real,' Lujan Grisham said during a news conference Saturday. There is always next year — though passing nonbudget-related bills during the 30-day budget session in 2026 will require special permission from the governor. But Villas-Adams argued the issue has to be addressed — and soon. "We don't have two years," she said. "People are having delayed diagnosis. People are going to die or are dying because they aren't getting access to care." This year's legislative session didn't move the needle on New Mexico's health care worker shortage, said Troy Clark, president and CEO of the New Mexico Hospital Association. "Where it leaves us today is, unfortunately, the same place we've been," he said in an interview. There's no "silver bullet" for the state's health care system, Clark said, there are simply "many, many, many things that need to be done." First on the list to recruit and retain doctors, he added, is addressing medical malpractice. There were several bills introduced this year to tackle that issue, the biggest being Senate Bill 176. Backed by nonpartisan think tank Think New Mexico, the proposal would have capped attorneys' fees at a quarter of settlement money or a third of jury award; created a reimbursement system to cover injured patients' medical expenses as they're incurred; and siphoned off 75% of any punitive damages to fund a 'patient safety improvement fund.' It inspired much discussion, with the New Mexico Medical Society and physicians arguing SB 176's changes were essential to lower medical malpractice insurance premiums. Others spoke out against the bill, arguing for methods of retaining providers that don't take away from injured patients or the attorneys that represent them. SB 176 didn't get its first committee vote until March 14 — about a week before the end of the session — and it failed to advance from there. Think New Mexico also backed nine bills to add New Mexico to interstate compacts for various health care providers, which proponents argued would ease the process for providers to move to and practice in the state. All of them failed to make it across the finish line. But that's not to say lawmakers did nothing for health care policy during the session. "This Legislature this session did a lot of work to help incentivize more access to health care," House Speaker Javier Martínez, D-Albuquerque, said during an end-of-session news conference. This year's much-disputed tax package, House Bill 14, includes a gross receipts tax deduction for health care practitioners. And, the Legislature passed House Bill 586, which increases state oversight of hospital mergers and acquisitions. The bill's sponsor, House Majority Leader Reena Szczepanski, argued HB 586 would maintain health care access and affordability as New Mexico grapples with a particularly high rate of hospitals owned by private equity firms. "The more that private equity firms take over our health care facilities, particularly those in rural New Mexico, they are known for siphoning off profits and literally bankrupting these institutions," Martínez said. "And it is a real shame — it is a damn shame — that that is happening." So what now? 'I do think our medical [provider] shortage is a crisis," Lujan Grisham said on the final day of the session. "People die when they can't get access to health care. People die when they can't get a cancer diagnosis on time. People die when they can't get the right therapies. These are real issues in New Mexico.' She scolded lawmakers for blocking "any meaningful work" on medical malpractice reform and reiterated her commitment to keeping providers in New Mexico, noting her confidence that legislators will make investments in meaningful policy changes. Lujan Grisham promised to keep working on the issue. 'We could have done much more here," she said. "We fought and got some, but we didn't get all the resources we asked for to make sure that, while we negotiate a path on malpractice, that I could keep doctors here and recruit more of them.' Republican leaders are also ready to keep working, writing in their letter to Lujan Grisham, "We stand ready to work with our Democrat colleagues and your office in adopting effective answers to both our violent crime and health care crises." Senate Majority Leader Peter Wirth, D-Santa Fe, said finding a solution will require cooperation and compromise from all parties involved — though there is momentum, especially from Lujan Grisham, to keep those conversations going. "If there's things that we can do and make it better, I think we're open to that," Wirth said during the end-of-session news conference. "But again, we need to do that with the time to get it right."
Yahoo
26-03-2025
- Health
- Yahoo
Bill advances requiring fewer trips to the pharmacy for women's contraception
Sen. Jo Anna Dossett, D-Tulsa, asks a question about a bill on May 30, 2024. (Photo by Barbara Hoberock/Oklahoma Voice) OKLAHOMA CITY – The Oklahoma Senate on Wednesday passed a bill that would make it easier for women to obtain contraceptives despite opposition from a small bloc of Republicans who put up a lengthy argument that it results in murder. Senate Bill 176, by Sen. Jo Anna Dossett, D-Tulsa, would require insurance companies that cover contraceptives to allow women to obtain a six month supply, reducing the number of annual visits to the pharmacy, after obtaining a three-month prescription. Dossett said the bill was not about abortion, but aimed to increase access to preventative contraceptive medications. Sen. Dusty Deevers, R-Elgin, disagreed and cited the The Physicians' Desk Reference. 'It induces the abortion or murder of a human embryo since a new human being has been created at fertilization, which is conception,' Deevers said. Deevers asked Dossett if she believed 'abortion is murder' and a violation of Oklahoma law and the Bible's sixth Commandment, which prohibits killing. While most women rely on the birth control pill to prevent pregnancy, oral contraception is used to treat other conditions, including acne, irregular periods, cramps, migraines and endometriosis. KFF reported in November that 82% of women of reproductive age used contraception in the past year, with condoms and oral birth control being the most common. Deevers focused on the side effects of various forms of contraception and the personal experiences of he and his wife. 'These drugs are very dangerous,' he said. Deevers said that women's brains shrink while on birth control, leading to more depression and anger and increased rates of suicide. He also said women experience a decreased sexual drive, leading to less intercourse while on hormonal birth control. He did not cite a source for that information. Deevers said that women using a combination of oral birth control and the patch or the vaginal ring have two to four times higher rate of blood clots, thus an increased risk of stroke, heart attack and cervical cancer. Medical experts say there is a small risk of blood clots, strokes, and heart attacks for women using birth control, though they note that women's risk of experiencing the first two medical conditions is actually higher during pregnancy. Taking oral birth control for five or more years can increase the risk of cervical cancer, but the risk subsides after stopping the pill, according to the American Cancer Society. There is no known risk of cancer for women who use non-hormonal intrauterine devices, or IUDs. Women do not take medication they don't want, Dossett said. No one is being forced to take birth control, she said. She said she preferred not to talk about what people do in the privacy of their homes. Sen. Mark Mann, D-Oklahoma City, said enabling women to plan a pregnancy leads to healthier outcomes and improved economic stability. Sen. Warren Hamilton, R-McCurtain, urged his colleagues not to increase women's access. 'I'm begging you to not do this, not only for the children whose lives will be saved, but also for the women who will not be harmed by taking these so-called medications,' Hamilton said. The bill passed by a vote of 33-13 and is available for consideration in the House. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
16-03-2025
- Health
- Yahoo
Medical malpractice bill dies in Senate committee
Mar. 15—A bill intended to counter the shortage of health care providers in New Mexico by making changes in the state's Medical Malpractice Act failed to clear a Senate committee. Members of the Senate Health and Public Affairs Committee voted 5-4 against the bill following a two-hour debate Friday evening. Senate Bill 176, which sought to limit attorney fees in medical malpractice cases, drew strong opposition from trial lawyers and patients injured by medical malpractice. It was the only one of the six bills before the Legislature that had a shot of passing at a time when New Mexicans are facing a critical shortage of doctors, in part because New Mexico is one of the most expensive states to insure for medical malpractice given the number of lawsuits filed here annually. Providers and insurers pay out over $100 million a year in medical malpractice settlements, as a percentage of premiums collected by far more so than every other state in the union. And, as the Journal reported last week, Democratic state legislators are by far the biggest recipients of trial lawyer money. Discussion at times became emotional as lawmakers described personal health issues involving themselves and family members. Sen. Cindy Nava, D-Bernalillo, who voted against SB 176, wept as she described surviving a brain tumor removed by a surgeon who has since left New Mexico for reasons unrelated to medical malpractice. Nava said she favors legislation that would invest in physicians and encourage them to come to New Mexico. "I just don't see this piece of legislation doing that," she said. Senate Bill 176 would end lump-sum payouts from the state's patient's compensation fund, which helps providers pay for malpractice settlements. Instead, it would require that payments be made as expenses are incurred by patients. The bill, which had 24 sponsors as of Friday, also would cap attorney fees in malpractice cases at 25% in cases settled before trial and 33% if the case goes to trial. A third provision on SB 176 would dedicate 75% of punitive damages to a new patient safety improvement fund administered by the state Department of Health. Money from the fund would be appropriated by the Legislature to improve patient safety and health care outcomes. Nava and others expressed discomfort with the creation of the new fund that would receive the lion's share of punitive damages. "I'm really offended by the idea of taking 75% of a punitive damage award from an injured party and giving it to a state-run fund," said Sen. Antoinette Sedillo Lopez, D-Albuquerque, who voted against the bill. "It takes away a portion of the money that the victim should get to punish the hospital for outrageous behavior." The bill's failure to emerge from committee essentially kills any chance of a medical malpractice measure passing in this session, said Sen. Martin Hickey, D-Albuquerque, a sponsor of SB 176. "I actually think that we were able to get the facts out, that trial lawyers are bringing cases without merit and getting settlements," said Hickey, who testified Friday in favor of the bill. The bill's failure will hamper the state's ability to expand the physician workforce, he said. Hickey told committee members that physicians and practice groups often feel compelled to settle lawsuits before trial to avoid the risk of a large punitive damage award. "That's what puts fear into the hearts of physicians in New Mexico," Hickey testified. Leaders of single-specialty practice groups say that "virtually every case now comes with the threat of punitive damages if they don't settle." All settlements are listed in a national database, which can make it harder for physicians to find jobs, he said. The number of reported payments made in medical malpractice cases involving New Mexico physicians have increased from 84 in 2020 to 130 in 2024, according to the National Practitioners Data Bank. Hickey also testified that several malpractice lawsuits have resulted in historically large jury awards in recent years, including a $412 million jury verdict in 2024 that he described as the largest-ever malpractice award in U.S. history. That case involved a 66-year-old Rio Rancho widower who sued the now-closed NuMale Medical Center in Albuquerque after receiving alleged dangerous penile injections in 2017. The clinic was part of a Las Vegas, Nevada, chain that filed for bankruptcy in February, according to court records. The 2000 lawsuit alleged the widower sought treatment for fatigue and weight management, but was misdiagnosed and treated for erectile dysfunction, according to his lawsuit. As a result, he was left with a scarred and nonfunctional penis, the lawsuit alleged. A jury took less than four hours to award him $37 million in compensation for his lifetime medical needs and $375 million in punitive damages. Sen. Angel Charley, D-Acoma, said a 25% cap on attorney fees would put New Mexico patients in a situation similar to those who rely on care from the Indian Health Service, which is subject to federal tort claims laws. "That means attorneys will not take a medical malpractice lawsuit," said Charley, who voted against the measure. "I don't want this state to have the same kind of health care that we have on the reservation." Committee members who voted against the bill were Nava, Charley, committee chair Sen. Linda Lopez, D-Albuquerque, and Sen. Shannon Pinto, D-Tohatchi. Those supporting the bill were Hickey, Sen. Jay Block, R-Rio Rancho, Sen. Larry Scott, R-Hobbs, and Sen. David Gallegos, R-Eunice. Lisa Curtis, an Albuquerque medical malpractice attorney, cheered the bill's defeat following the vote. "It's a horrible bill," Curtis said. "It does nothing to fix the problems." She blamed the malpractice suits on hospital corporations that engage in ruthless cost-cutting and pay physicians based on their productivity. "Nobody is willing to talk about the private equity guys that are choosing to put their money in the New Mexico health care system because it's so profitable," she said. Fred Nathan, executive director of Think New Mexico, which helped draft the legislation, said the bill received strong support from both Democrats and Republicans. "Naturally we're disappointed, but we remain encouraged by the support it garnered," he said. The bill ultimately had 24 co-sponsors, including 12 Republicans and 12 Democrats. "This is a solid foundation that we can build on going forward."
Yahoo
15-03-2025
- Health
- Yahoo
Medical malpractice overhaul fails in first committee
Supporters of overhauling medical malpractice laws in New Mexico likely will have to wait another year. The Senate Health and Public Affairs Committee voted 5-4 Friday night against Senate Bill 176, with Republicans on the panel in favor of the bill and Democrats split but mostly opposed. SB 176 would have faced high hurdles even if it had survived its first committee, as it would have needed to face additional committee hearings and then a vote of the full Senate before repeating the same process in the House — all with just a week left in this year's legislative session. Medical providers and hospitals have been complaining for years that the cost of medical malpractice insurance makes it hard to operate in New Mexico. SB 176, which had about two dozen co-sponsors from both parties, would have capped attorneys' fees in malpractice cases and siphoned off 75% of punitive damages to finance a "patient safety improvement fund" intended to preempt medical malpractice through reducing staff-to-patient ratios and improving training and equipment. Sen. Martin Hickey, D-Albuquerque, one of the bill's sponsors, said that while the doctor shortage is a nationwide problem, it is hitting New Mexico harder than other states. New Mexico is losing doctors, he said, and will not be able to care for its aging population unless it can attract more. 'The elephant is moving past the throat of the larynx of the state ... and the demand for care is going to way outstrip what we can supply,' Hickey said. Other supporters talked about the struggles of rural areas in particular. Sen. David Gallegos, R-Eunice, said doctors will continue to flee to neighboring states if New Mexico doesn't bring costs down for them. 'It is critical we have the same opportunities as the docs in Texas,' he said, or New Mexico will continue to lose doctors. However, the bill's opponents worried it would make things harder for patients who are wronged while rewarding the hospitals and doctors who wronged them. Sen. Antoinette Sedillo Lopez, D-Albuquerque, spoke at length against the bill, accusing hospitals of using 'the sky is falling rhetoric' to get out of what they agreed to during a 2021 overhaul to the state's Medical Malpractice Act. Sedillo Lopez said the real problem is the role of profit in the health care system and said she was disappointed a bill introduced this year to require review when a private equity company tries to buy a hospital stalled in a committee and likely will not pass. SB 176, she said, would be "giving a gift basket to these private equity hospitals that are not letting doctors make decisions about their own cases." Sen. Angel Charley, D-Acoma, said she was so offended she had to walk away from a colleague who said on the Senate floor Friday morning winning punitive damages was 'like hitting the jackpot.' Charley said her aunt was one of the people with stories of medical malpractice who testified before the committee Wednesday, the first day of the hearing. 'Her husband died,' Charley said. 'He's no longer here and she's going through life by herself now. That's 'like 'hitting the jackpot.' " Charley said many of her constituents rely on the Indian Health Service, which is regulated by the federal Tort Claims Act and which has caps similar to the ones in SB 176. 'That means attorneys will not take a medical malpractice lawsuit,' she said. '... I don't want this state to have the same kind of health care that we have on the reservation.' Charley told a story about her father, who went to see the doctor due to a toothache. To save money, she said, they pulled all of his teeth. 'I know what it's like to go to a hospital to receive care — or lack of care — from an institution that has the rates we're trying to advocate for here,' she said.
