Myth 6: Malpractice payouts primarily go to injured patients.

Feb 15, 2026 | Myth-Busting

Fact:

New Mexico’s high claim frequency and severity mean a growing share of dollars is going to:

  • Litigation costs
  • Defense expenses
  • Insurance losses

This raises premiums for doctors and hospitals and contributes to service reductions — especially in rural communities. Malpractice compensation is important, but excessive volatility harms patient access.

Sources:

  • Mello, M. M., et al. (2010). Medical malpractice costs and consequences. Health Affairs.
  • Jena, A. B., et al. (2011). Malpractice liability and health care system costs. New England Journal of Medicine.
  • WTW/MPLA. (2025). Claim severity and frequency analysis.