The Weaponization of Punitive Damages

About this episode

This episode examines the misuse of punitive damages in medical malpractice cases and its impact on healthcare access in New Mexico.

In this episode, we take a hard look at the growing use, and misuse, of punitive damages allegations in medical malpractice cases -- and how this trend has reshaped the practice of medicine in places like New Mexico. What was once intended as a rare legal tool to punish truly egregious conduct is increasingly being deployed early and broadly, sometimes before the facts of a case are fully known. It significantly raises the emotional and financial stakes, often destabilizing defendants and influencing decision-making in ways that have little to do with the quality of the care provided, and more to do with avoiding the risk of catastrophic personal loss. The result is not only profound individual distress, but a ripple effect across the healthcare system. We explore how this type of environment predictably drives physicians out of higher-risk regions, contributing to growing care deserts, and ultimately affecting patient access and outcomes. What happens to a healthcare system when the legal climate becomes too predatory, too dangerous, for good doctors to practice there? Defense attorney Jessica Marshall , partner in the Albuquerque office of Mayer, LLP, is here today to help us…

People in this episode

Host: Gita Pensa MD

Guest: Jessica Marshall

Topics covered

• punitive damages
• medical malpractice
• healthcare system
• physician access
• legal climate
• New Mexico

Keywords

• punitive damages
• medical malpractice
• healthcare access
• New Mexico
• physician retention
• legal implications
• care deserts

Mentioned in this episode

Organizations: Mayer, LLP

Places: New Mexico

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