As a lawyer who represents older adults and who sits on a nonprofit organization that advocates for them, I see some of the issues that affect our most vulnerable members. At life’s start and at its close, we are dependent on the care and compassion of others to protect and nurture us. While children often receive care from family and loved ones, many seniors rely on a healthcare system increasingly controlled by corporate executives and the insurance industry, rather than by caring healthcare providers. This shift to a for-profit, corporate-driven structure has placed profits above people, and the result has been devastating for the humanity of care our seniors deserve.
Profit-driven medical corporations’ pressures on providers to see more patients with fewer staff are dangerous for providers and patients. Underpaid caregivers are being asked to perform miracles while corporation executives and shareholders profit. Meanwhile, we are seeing increased injuries to patients, which results in increased lawsuits to hold the multi-billion-dollar corporation and insurance company responsible.
Over one-third of patients over age 70, and more than half over age 85 (Law and Economic Review) leave the hospital more disabled than when they arrived. 25% of hospitalized Medicare patients suffer harm due to medical care, costing taxpayers $4.4 billion annually—nearly half of which could have been prevented (Health and Human Services Office of Inspector General).
Forcing providers to practice medicine in a factory-like environment with patient “widgets” on an assembly line—without time to listen, let alone provide individualized and safe healthcare. Overworked nurses juggle too many patients, while doctors face surgery and procedure quotas that prioritize numbers over people. In this system, the humanity of medicine is lost, and providers are set up to make mistakes and cut corners, leaving seniors neglected and families with no choice but to seek justice for their loved ones in the courtroom.
New Mexico Legislators need to create solutions that provide safety to providers and patients. Subsidizing providers for what they’re worth or covering the education costs of those who commit to practicing medicine in New Mexico would address the root causes of our healthcare provider shortage without sacrificing patient safety. We must also restore the Patient Compensation Fund to its original purpose—supporting patients and independent physicians, not shielding corporate hospitals and insurance companies from accountability for harm. Accountability by New Mexico juries is crucial to public safety because it incentivizes the corporation and insurance company to create systems that improve quality care for patients.
New Mexico seniors deserve better than being reduced to numbers on a balance sheet. When a senior is injured by a medical corporation, which is increasingly likely with age in New Mexico, justice must remain in the hands of a New Mexico jury, citizens, and not in the hands of politicians, the insurance industry, or multi-billion-dollar corporations. Legislation promoted by corporations and industries, like attorney fee caps and venue restrictions, should be discarded and we should work on real solutions that support providers and patients, not profit.