New Mexico
NM neurosurgeon Mark Erasmus deemed unfit for duty after claims more than two dozen patients, some partially paralyzed,
Jan. 12—After $19 million in medical malpractice payouts to settle 26 patient claims, Albuquerque neurosurgeon Mark Erasmus has lost his license to practice medicine in New Mexico.
It didn’t come soon enough for Diane Jennifer Gutierrez, a 52-year-old single mother who is now partially paralyzed.
The New Mexico Medical Board concluded last April that Erasmus exhibited “manifest incapacity or incompetence,” making him unfit to continue working as a doctor. A state district judge on Dec. 30 upheld the board’s decision to revoke Erasmus’ medical license, but he intends to appeal.
Erasmus, who was first licensed as a physician in New Mexico in 1979, is also fighting a malpractice lawsuit filed by Gutierrez against him and Lovelace Medical Center in Albuquerque, where she underwent spinal fusion in February 2022 to relieve upper back and shoulder pain that radiated down her left arm, her lawsuit stated.
“She literally walked in there and never walked again,” said her attorney Lisa Curtis of Albuquerque last week. Deposition testimony in the case shows that a month before the surgery, Erasmus had some kind of medical event that forced him to stop operating on a different patient. Another surgeon had to finish the procedure.
Curtis contends he passed out, but Erasmus said he never lost consciousness and was later cleared by a cardiologist.
Gutierrez is one of four of Erasmus’ former patients currently suing him for medical negligence in New Mexico state district court. Three of the four are now wheelchair users or are quadriplegic.
Since 2021, the 73-year-old physician has been sued for medical malpractice nine times — a factor cited in the license revocation order by the state medical board, which oversees licensing and discipline of physicians and physician assistants in the state.
The board also contended there was credible evidence that from 2001 to the present, more than $19 million has been paid out by insurance carriers to settle 26 malpractice claims involving Erasmus.
The board also cited the fact that Erasmus agreed to undergo a “fitness for duty evaluation and a neuropsychological evaluation to determine safety to practice.” The evaluations began in December 2022, 10 months after Gutierrez’s surgery.
“The results of those evaluations show respondent is not fit to practice medicine,” stated a notice of contemplated action the medical board sent to Erasmus in September 2023.
His attorney, Bryan Davis, in an appeal of the board’s decision, contended his client had been deemed unfit for duty specifically as a neurosurgeon but wasn’t considered unfit to practice medicine generally.
Davis also contended that the $19 million in payouts was “unsubstantiated” and contended the allegation “ignored the reality that insurance companies settle medical malpractice cases that are defensible and winnable for many reasons besides whether the physician actually committed malpractice.” There were also defendants other than Erasmus who were named in the lawsuits, Davis wrote.
Davis, in a phone interview on Friday, said his client didn’t want to settle some of the claims but was overruled by other defendants, such as the hospitals that were sued.
In recent years, Davis said, Erasmus had some health conditions, including long COVID. At the time of Gutierrez’s surgery he also was going through a bad divorce, according to board documents.
Erasmus would like to be able to teach, do insurance reviews and independent medical exams, stated the board in recounting his testimony during a 2023 hearing on his license.
“He’s not intending to set foot in an operating room again,” Davis told the Journal.
Several of the lawsuits fault Lovelace for permitting Erasmus to work as a neurosurgeon in its facilities despite his history of malpractice payouts.
“It can be only for monetary profit that Lovelace Medical Center and its owners and operators would hire, retain, credential and privilege such a well-known incompetent surgeon as Dr. Erasmus,” stated Gutierrez’s lawsuit. Erasmus was employed as a staff neurosurgeon by Southwest Medical Group at Lovelace Medical Center from 2020 to February 2023. Previously, he was affiliated with Presbyterian Hospital.
Holly Armstrong, an Albuquerque attorney representing Erasmus and Lovelace in the Gutierrez case, wrote in one court filing that the defendants “deny they provided negligent care to Ms. Gutierrez, deny they breached the appropriate standard of care, and deny there were any improper omissions in the care provided.” Armstrong couldn’t be reached for comment late last week.
Erasmus has blamed Gutierrez’s injuries on a stroke, but her lawsuit disputes that as the cause of her permanent weakness in her arms and legs and paralysis. It alleges Erasmus permanently damaged her spinal cord and later wrote in her medical record that there were no complications in surgery.
State records show it’s rare for the New Mexico Medical Board to revoke a physician’s license, and even more unusual for the board to cite malpractice settlements as among the reasons to open an inquiry. Typically, revocations have occurred when physicians have sexual relations with patients, are criminally charged with crimes like drunken driving, or overprescribe opioids.
Interim Medical Board executive director Monique Parks told the Journal in an email last week that details about the board’s investigations are confidential.
Asked why the board decided to take action on Erasmus’ license after 26 malpractice claims, Parks said, “It is common practice for state medical boards to use malpractice data as a tool to detect unprofessional conduct that may violate the Medical Practice Act. Some boards have built-in levels of malpractice that trigger investigations, such as a certain number of malpractice settlements in a certain span of time.”
Parks wouldn’t say whether the New Mexico Medical Board has adopted such a “built-in level” for malpractice claims, saying only, “medical malpractice settlements and claims may be an important consideration in deciding the scope of a complaint and investigation by the board.”
“The NMMB staff exercises broad discretion,” she added, “depending on the facts and circumstances, when opening an investigation and an administrative proceeding, with the oversight and expertise of our board members as mandated by the Medical Practice Act.”
The Gutierrez lawsuit faulted Lovelace officials for failing to warn Gutierrez before her surgery about the multiple other prior malpractice claims naming Erasmus.
“She’s a smart lady and she couldn’t have known this,” said Curtis. At the time of the surgery, she added, Gutierrez had been taking care of her son, now 11, after receiving a buyout from Verizon, where she had been a manager.
Curtis lauded the board’s decision.
“I think the board was trying to send a message: We’re not going to tolerate this quality of physicians for patients anymore.”
New Mexico
Dermatology wait times soar as New Mexico faces deepening doctor shortage
NEW MEXICO (KRQE) – A statewide doctor shortage is increasing wait times for New Mexico patients. This year, dermatology wait times reached record highs, and medical groups warn delays will continue to grow without legislative action.
“Many of the doctors who are here are tired; they’re overworked. They need some help. We need to recruit more doctors into this state, and if we don’t take action right now, I think you know it’s not too outlandish to think about it: a collapse of the medical system.”
That’s according to retina surgeon Dr. Nathaniel Roybal, who spends his spare time as a physician advocate, working with communities and lawmakers to find ways to incentivize doctors to stay in — and come to — New Mexico. He said doctors around the state believe it is risky to practice here because it is easy to be sued for medical malpractice, which he calls the major driver behind the doctor shortage.
Roybal is a former president of the Greater Albuquerque Medical Association and a councilor for the New Mexico Medical Society. He warned that the state’s health care system is at a crisis point — and that New Mexican patients and their loved ones are the ones who suffer most. “In this state, in this healthcare system, the most vulnerable are always the poor. Always the sick. It just is,” said Roybal. “And if you can’t take care of 100% of New Mexicans, I worry that the ones that will be taken care of are the ones that have insurance that can afford to be taken care of.”
A prime example of the shortage is the dermatology department at UNM Hospital, which sent a memo to providers about six months ago.
The memo reads, “due to a critical shortage of dermatologists at UNMH,” wait lists for new patient appointments have reached an unprecedented one to one-and-a-half years. The UNM dermatology department said it is still only accepting referrals for urgent cases. “Obviously, that’s concerning if you are the New Mexican who has a dermatologic problem and needs to see a physician,” Roybal said.
In a statement to KRQE News 13, UNMH said that since the memo was sent, additional doctors have been hired, with two more expected to join next year. The hospital said it has expanded e-consults, is holding free walk-in skin cancer screenings in rural areas, and has reduced the number of patients waiting for an appointment by nearly 50%.
UNMH is not the only health care group working to close the gap. Dr. Denise A. Gonzales, medical director for Presbyterian Medical Group, said Presbyterian Hospital has some promising developments planned for the new year. She said the shortage of dermatologic care providers has been an issue for a long time, particularly in New Mexico, where UV exposure risk is high.
Presbyterian has never had a full-scale dermatology department like UNM’s and has often referred patients to UNM and community dermatologists for Mohs surgeries. Gonzales said that over the past few years, Presbyterian has brought teledermatology to Plains Regional Medical Center in Clovis, New Mexico.
She said thanks to that program, dermatologists can evaluate Albuquerque patients while they are home, and if a biopsy is needed, they can have it done in Presbyterian facilities. “That’s just a very small amount of increase in services that we’ve been able to do in the last two years, recognizing that there is a shortage of dermatology services throughout the state.”
The Presbyterian Healthcare Foundation recently announced it is launching its first full-service dermatology clinic, funded by a $2.5 million gift from Ellen and Jim King to the newly formed “King Fund for Dermatology.”
“In the fall of 2026 is when we expect to have our clinic fully open and staffed with physicians and PA’s who can do the full breadth of treatments and diagnoses so they can treat things like acne and skin cancers, they can treat it with light therapy and lasers, and can cut things out if they need to be cut out,” Gonzales said.
She said the long-term goal is to expand those services across Presbyterian’s regional centers by connecting patients to experts in Albuquerque through telemedicine. “So, it’s as easy as putting a camera on it and talking to that expert in Albuquerque to then decide on what the next steps should be,” Gonzales said.
Still, medical professionals said meaningful change must happen at the legislative level. Many welcomed Gov. Michelle Lujan Grisham’s decision to include medical malpractice reform in the call for the upcoming 30-day legislative session.
UNM’s statement and Dr. Roybal said the issue extends far beyond dermatology. “That’s the problem, not just playing out in dermatology, it’s playing out in ophthalmology and internal medicine, and family practice, and you name it,” Roybal said.
UNMH said it could not provide a current estimate for new patient wait times, citing the difficulty of projecting timelines while working through existing patient lists.
While the New Mexico Medical Society and the Greater Albuquerque Medical Association said medical malpractice reform should be the top priority, some lawmakers are pushing to broaden the discussion. Proposals include increasing residency slots and changing the gross receipts tax rule that requires physicians to pay taxes on payments received for medical services.
There is also disagreement over data. Think New Mexico, a local think tank, reports that New Mexico has one of the nation’s highest rates of medical malpractice lawsuits. And that the state lost more physicians between 2019-2024 than any other state in the country. However, Senate Judiciary Committee Chair Joseph Cervantes (D-Las Cruces) said during a recent radio interview that the data is false.
Dr. Roybal, however, stands by Think New Mexico’s data and adding he’s always willing to take anyone to the CMS.gov website (Centers for Medicare & Medicaid Services) to walk people through it. He also suggested lawmakers who are also trial lawyers, such as Sen. Cervantes, should recuse themselves from both the discussion and votes on the issue due to a conflict of interest.
Roybal said he is confident New Mexico communities will unite to make their voices heard, calling the issue a generational fight that will shape the state’s future. He believes a balance can be found that protects patients while incentivizing doctors. “Doctors want their patients to be whole. We don’t want it to be impossible to ever sue, or if there was somebody who did something nefarious that was just terrible and hurt somebody, we want that person to be taken care of, their future medical to be covered, we want them to make sure they’re compensated for something that happened that was terrible,” Roybal said. “We also have to recognize, on the other hand, the number of people that happens to is between .1 and .01 percent of the population. And so when you have a law that’s overly protective in that situation and really stretches it allows for hundreds of millions of lawsuits in a single suit, it no longer serves the greater good.”
Dr. Gonzales said addressing the shortage will require multiple solutions. “Things like tort reform are important and the cost of medical malpractice, but it’s also important to make sure that Medicare and Medicaid have appropriate funding levels that we make it easy for people to obtain licenses in this state,” Gonzales said.
She added that New Mexico does not participate in the Interstate Medical Licensure Compact. “That’s a very difficult nut to crack, because it’s not as simple as just join the compact. There are downsides and risks to that as well,” she said.
Gonzales closed with a personal note, saying she wants better access to care for her mother in rural New Mexico. She emphasized the need for sustained effort beyond legislative sessions. “It has to be continuous. It has to be multifaceted, and it’s got to be something where we’re moving the ball along all the time. And we can’t give up on it, because it impacts so many things about New Mexico,” Gonzales said.
New Mexico
New Mexico State Police searches for ‘armed and dangerous’ homicide suspect
New Mexico State Police are searching for a homicide suspect, and they consider him armed and dangerous.
ALBUQUERQUE, N.M. – New Mexico State Police are searching for a homicide suspect, and they consider him armed and dangerous.
Michael Shawn Nicholls is wanted for a murder that happened Saturday near Tecolote.
Nicholls is 55-years-old, 5 foot 6 and weighs about 180 pounds.
Call 911 immediately if you see him and do not approach him.
New Mexico
How long will this record warmth last in New Mexico?
Could some places see snow for Christmas or will the above-average warmth continue? See the latest conditions at KOB.com/Weather.
ALBUQUERQUE, N.M. — Sunday marked the first day of winter and it certainly didn’t feel like it in New Mexico but could we see a change as Christmas comes?
Short answer, no. We have made at least four new record-high temperatures since Dec. 11. That will stay the same for a little while and remain breezy.
When we get into Christmas Eve, light rain is possible across the Four Corners but it will mostly stay in Colorado. Some mountain snow is possible.
Christmas Day is looking pretty warm — way warmer than average — and that will stay the same through Friday and beyond. Getting into New Year’s Eve and into the New Year, temperatures as much as 20 degrees above average is possible across New Mexico, including in the Albuquerque metro.
Chief Meteorologist Eddie Garcia shares all the details in his full forecast in the video above.
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