Texas Doctors could stop seeing New Mexico patients

Texas doctors could soon stop seeing New Mexico patients. This, after a New Mexico woman sued Texas doctors for malpractice. The ruling has doctors banding together to petition New Mexico’s Supreme Court. They say the ruling could cause major consequences that could mean the difference between life and death.

“The border area including El Paso, New Mexico, has always been an underserved area for doctors,” Dr. Andrew Palafox, the Director of Orthopedic Trauma at Del Sol Medical Center, said.

Del Sol and UMC are the only level one trauma and level two trauma centers in El Paso.

“In New Mexico, it’s different. The nearest one is 250 miles away in Albuquerque,” Dr. Palafox said.

In 2003, Proposition 12 granted the Texas Legislature to cap non-economic damages in heath care liability cases. Montano v. Freeza changes how Texas doctors cover themselves. The court ruled New Mexico law applies to New Mexico patients when getting care in Texas. Since most have no liability when providing care for New Mexico patients, that leaves doctors with an even greater litigation risk. A risk Dr. Juan Escobar, an El Paso Cardiologist says they’d rather avoid.

“There may be a reluctance to accept patients from New Mexico especially high risk, who may have a lot of risk for legal cases that rise form poor outcomes, so there may be a reluctance of the physicians to accept those patients,” Dr. Escobar said.

Dr. Escobar estimates it could affect thousands of patients who seek care here in El Paso.

“I myself have quite a few patients form Sunland Park, Chaparral, Las Cruces and Alamogordo,” Dr. Escobar said.

Doctors from Texas and New Mexico, including El Paso and Dona Ana County, filed an Amicus Brief to the New Mexico State Supreme Court last week. In it contains testimonies from doctors, the reasoning behind their stance and a map exhibiting the locations of referrals of New Mexico patients to Texas Medical Centers. It shows at least nine communities depend on El Paso’s care.

“Those patients down the road, might find themselves saying okay, you’ve been stabilized–now go to Albuquerque,” Dr. Palafox said.

Both Dr. Escobar and Dr. Palafox say when it comes to life or death situations, doctors don’t recognize borders, but the outcome of the case could change that.

“We don’t want get to the point where we recognize a border, and say well you have New Mexico residency, we don’t have malpractice insurance to cover New Mexico patients, we don’t want to get to that point,” Dr. Palafox said.

The El Paso County Medical Society and the Dona Ana County Medical Society are just some groups that have petitioned the New Mexico Supreme Court.

A decision has yet to be made. Depending on the outcome, the case may got to the Supreme Court.