Instead of death by a thousand cuts, its more like a dozen when it comes to the hotly contested medical malpractice bill. The measure is now limping into the final hours of the 30 day legislative session after being whipped like a rented mule Monday by Senate Judiciary Committee Chairman Joe Cervantes.  

Cervantes, under attack for being the chief obstacle to a compromise bill that passed the House Friday, not only pushed back against that hospital-driven narrative as his committee took up the measure, he held a condensed seminar challenging the constitutionality of major sections of the House bill as well as the malpractice data that the House relied on. He argued New Mexico does not lead the nation in such claims.

Cervantes saved much of his heat for the hospitals that have been lobbying nonstop for the reform bill, undressing the financial benefits that would come their way and returning their fire. At one point he told House sponsor Rep. Christine Chandler that she had been "duped." 

The crowning blow was his declaration that up to as many as a dozen amendments are up for debate when the committee meets again today. 

Whatever the final number, with Thursday's adjournment deadline hovering and the House having to agree to any changes, it makes for a very close call for a bill to get to the Guv. 

THE TRIPLE THREAT 

Wirth in the Senate

Cervantes, 65, a product of the UNM School of Law who has been recognized as a Southwest Super Lawyer since 2000, is joined on the committee by fellow trial lawyers Peter Wirth, the Senate Majority Leader, and Sen. Katy Duhigg. Nothing in the bill (HB99) is escaping their scrutiny.  

Their skepticism--forcefully and unapologetically expressed at the Roundhouse hearing streamed to a statewide Zoom audience--was withering and could be more than enough to derail much of what the hospitals wanted. 

Sen. Moe Maestas added his skepticism of insurance companies who are slapping doctors with ever higher insurance malpractice premiums. Earlier Sen. George Munoz complained of rapid insurance increases across the board--a view echoed on social media.

The House has to understand a crucial bill is not going to be swallowed whole in the lion's den of the Senate but that doesn't mean there can't be a bill. 

Many observers hope that a cap is placed on punitive damages in malpractice cases against independent doctors--including those hard to see specialists. Their insurance premiums--and their personal fears--should then fall. 

Combine that with the legislature's earlier approval of an interstate compact easing entry for out of state doctors to practice here and you get a solid start.

To argue these measures mean nothing is either disingenuous or heat‑of‑the‑moment talk. With hours left and Cervantes & Co. on the prowl, a little win beats no win. 

This the Home of New Mexico Politics.