Governor talks about legacy, says she's not leaving office without medical malpractice fixes

SANTA FE — Michelle Lujan Grisham's tenure might be nearing its end, but the Democratic governor isn't taking her foot off the gas quite yet.

With her final 30-day legislative session underway at the Roundhouse, Lujan Grisham described New Mexico's current medical malpractice system as broken and said she's prepared to go to the mat to ensure changes are made.

"I am not leaving this job — and there's a looming expiration date — without medical malpractice reform," Lujan Grisham told the Journal in an interview this week.

That could include calling lawmakers back to Santa Fe for a special session later this year if no bills on the issue are approved during the regular session that ends Feb. 19, the governor confirmed.

"This is critically important and they've got to get it done," she said, referring to the Democratic-controlled Legislature.

Several bills dealing with medical malpractice have already been filed during this year's session, including a proposal from Rep. Christine Chandler, D-Los Alamos, that would limit punitive damages in medical malpractice cases, among other changes.

The governor issued an executive message this week that paved the way for that bill, House Bill 99, to be considered during the session.

However, legislation dealing with medical malpractice laws is not expected to be among a package of bills fast-tracked to the governor's desk, Senate Majority Leader Peter Wirth, D-Santa Fe, said last week.

In large part, that's because of the complexity of the issue. Recent proposals to change the system, which was revamped in 2021 and updated in 2023, have generated fierce debate at the Roundhouse.

But Lujan Grisham has increasingly leaned into the medical malpractice fray over the last year, and the Governor's Office has convened recent negotiations between trial lawyers and health care executives on the issue.

As part of some of her strongest comments to date on the issue, the governor cited a recent Legislative Finance Committee survey that found 65% of New Mexico physicians who responded are considering leaving the state to practice elsewhere. Of those doctors, most cited concerns about the state's medical malpractice laws as the reason for their discontent.

"Doctors, they don't want to practice here," said Lujan Grisham, who also expressed misgivings about "venue shopping" in New Mexico's judicial system that allows certain civil cases to be filed in judicial districts with jury pools considered to be more favorable to plaintiffs.

A final push at the Roundhouse

In her final year as New Mexico's governor, Lujan Grisham said she did not want to flood lawmakers with new proposals during her last State of the State address.

But the governor, who called for a bipartisan approach to key issues during her hourlong speech, also made it clear she's not planning on coasting to the finish line.

Specifically, Lujan Grisham indicated she'll keep pushing for changes to what she described as a "lopsided" juvenile justice system, despite some lawmakers' resistance to the idea of stiffening criminal penalties for violent underage offenders.

"I don't think legislators quite understand how troubled some of these kids are," she said, referring to the 2024 hit-and-run death of cyclist Scott Habermehl in Albuquerque. Three juveniles were arrested in connection with the incident, which was recorded and later shared on social media.

The governor also said she's optimistic about legislators funding her universal child care initiative during this year's session, even though a key legislative panel omitted a $160 million budget ask for the program from its initial spending plan for the coming year.

"I feel pretty bullish about the opportunity to get that done," said Lujan Grisham, who said she understands legislators' resistance to high-cost gubernatorial initiatives.

She also said she's been thanked for launching the state-subsidized child care expansion while traveling around New Mexico.

What's next for the governor?

With Lujan Grisham's second term set to conclude at the end of this year, the governor acknowledged thoughts about the future have started creeping into her mind.

"I'm not very good at not working," Lujan Grisham said.

The governor, who served three terms representing an Albuquerque-based congressional seat before being elected governor in 2018, was rumored to be a possible Cabinet-level pick if 2024 Democratic presidential candidate Kamala Harris had won.

With Donald Trump as president for the next three years, Lujan Grisham mentioned the possibility of serving on boards for energy or health care organizations after leaving the Governor's Office.

She also said she's received preliminary inquiries about her potential interest in possible public speaking and consulting gigs.

"I'm exploring those avenues and opportunities in a way I can while I'm still governor," said Lujan Grisham.

When asked about her legacy, the governor said she gets uncomfortable talking about the subject.

But she said the universal child care initiative, along with other policies like expanded pre-kindergarten and tuition-free college for New Mexicans who meet qualifying criteria, could end up positively impacting the lives of state residents.

While 11-plus months still remain before leaving office, "I think my legacy is creating a series of family connecting services," said the governor.

Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at [email protected].