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
William McCasland, retired general who led Air Force Research Laboratory, goes missing
A retired US Air Force general was reported missing in New Mexico, with authorities warning that medical concerns have heightened fears for his safety.
Retired Maj. Gen. William Neil McCasland, 68, was last seen around 11 a.m. Friday near Quail Run Court NE in Albuquerque, the Bernalillo County Sheriff’s Office said.
Officials said they do not know what McCasland was wearing or in which direction he may have traveled. The sheriff’s office has issued a Silver Alert.
“Due to his medical issues, law enforcement is concerned for his safety,” the sheriff’s office said.
McCasland was a longtime leader at Kirtland Air Force Base in New Mexico and previously commanded Kirtland’s Phillips Research Site and Air Force Research Laboratory.
Col. Justin Secrest, commander of the 377th Air Base Wing at Kirtland, told the Albuquerque Journal that the base is coordinating with local authorities.
“Our thoughts are with his family during this difficult time,” Secrest said.
McCasland was commissioned in 1979 after graduating from the US Air Force Academy with a degree in astronautical engineering and held multiple leadership roles in space research, acquisition and operations, including work with the National Reconnaissance Office.
Authorities asked anyone with information about McCasland to text BCSO to 847411 or call the sheriff’s Missing Persons Unit at +1 (505) 468-7070.
New Mexico
3 thoughts: New Mexico 81, SDSU 76 … Kudos for the local kid, mid-majors getting the squeeze and European bigs
ALBUQUERQUE, N.M. — Three thoughts on San Diego State’s 81-76 loss at New Mexico on Saturday afternoon:
1. Kudos
No loss is a happy occasion within SDSU’s basketball program, but it was mitigated somewhat by the how and who:
The how: A 3-pointer from the left wing with 43 seconds left that broke a 74-74 tie.
The who: Luke Haupt, a sixth-year senior from St. Augustine High School and Point Loma Nazarene University who is one of those classy, genuine guys you can’t help but root for.
Aztecs coaches know him and his family well, his father Mike being the longtime head coach at Saints who sent Trey Kell to them. Aztecs players know him from the Swish summer league and open gyms during the summer.
Coach Brian Dutcher: “Kudos to Luke, known him a long time. Coaches are a little different than fan bases, where sometimes (fans) get too hard on the opposition. I wanted to win in the worst way, trust me when I tell you that. But … tip your hat to guys who make important and timely plays.”
Junior guard Miles Byrd: “Credit to Luke Haupt. He’s a San Diego kid. He’s going to (get) up for these type of games. You respect that. Players show up in games like this, and he showed up.”
There’s respect for the moment and respect for what it took to get there.
Haupt grew up, like most kids in San Diego, watching the Aztecs and dreaming of maybe one day playing in Viejas Arena. He went to Division II PLNU instead and toiled in relative anonymity for five seasons, one of which was abbreviated by the pandemic and 1½ of which was wiped out by knee surgery.
The 6-foot-7 wing finally got to Division I for his sixth and final year, lured to New Mexico by former UC San Diego coach Eric Olen, and has averaged 7.2 points per game with a career high of 30 against Boise State. He had 17 on Saturday against his hometown team, the final three coming with 43 seconds left in a tie game.
The play wasn’t designed for him. Fate sent the ball his way.
“It was a big shot, but it was everything I’ve worked on my entire career and basketball life,” Haupt said. “It’s all the people who have helped me get here and all the work that’s been put in.
“These are moments you dream about.”
2. Death of Cinderella
The Aztecs have slipped off the NCAA Tournament bubble with losses in three of their last four games, yet their metrics are comparable and in some cases better than a year ago, when they didn’t win the conference tournament and sneaked into the First Four in Dayton.
They are hanging tough at 42 in Kenpom and 44 in NET. Last year they were 46 and 52 on Selection Sunday.
The problem is that there might be historically few at-large berths available to mid-major conferences as the preposterous sums of money coursing through the sport accentuates the divide between the haves and have-nots. The latest field from ESPN’s Joe Lunardi has 11 teams from the SEC, nine from the Big Ten and eight each from the Big 12 and ACC.
The Big East, considered a power conference given its financial commitment to men’s basketball (although that is starting to wane), is expected to get only three, but do the math: Power conferences account for 34 of the 37 at-large invitations to the 68-team field.
Lunardi, and several other bracketologists, has only three mid-majors getting at-large berths: Saint Mary’s and Santa Clara from the WCC, and New Mexico from the Mountain West.
Only Saint Mary’s is in the main bracket. Santa Clara and New Mexico are in his First Four (and the Lobos are his last team in).
“It’s harder,” Dutcher said, “because there are only so many at-large bids that are going to go to non-power conference teams. When thrown up against the power conferences, the Selection Committee is finding ways to put the power conference teams in.”
Since the tournament expanded from 65 to 68 in 2011, mid-majors have averaged a combined 6.3 at-large berths. The high was 10 in 2013, but it’s been seven as recently as 2024. Last year it slipped to four, equaling the record low, and no mid-major teams reached the Sweet 16.
If teams like Utah State, Saint Louis and Miami (Ohio) win their conference tournaments, knocking out “bid stealers,” it could be three, maybe even two.
Money is talking. It doesn’t guarantee success, but it certainly increases the chances.
3. Euros
The Aztecs have not dipped into the European professional market for players, but maybe this season will change their perspective.
They have nine losses. Seven have come against teams with a European big.
The latest was New Mexico, which got 24 points and 18 rebounds from the 6-foot-9, 240-pound Tomislav Buljan, a 23-year-old Croatian pro granted one season of collegiate eligibility by the NCAA. He had 20 and 14 in the first meeting, when the Aztecs narrowly escaped with an 83-79 win after trailing in the final minute.
“He was a monster tonight,” Haupt said. “That was huge for us. Loved the way he played.”
The week before, the Aztecs lost to Colorado State and Rashaan Mbemba from Austria.
They’ve lost to Grand Canyon twice with 7-1 Turkish pro Efe Demirel, a 21-year-old “freshman” who has experience in the Euroleague, the continent’s most prestigious competition.
In the December loss to Arizona where the Aztecs were crushed 52-28 on the boards, 7-2, 260-pound Lithuanian center Motiejus Krivas had 13.
Michigan, which beat SDSU in November, has 7-3 Aday Mara of Spain.
Baylor beat the Aztecs two days later with 6-9 Michael Rataj of Germany, then a few weeks later added 7-0 James Nnaji from Spanish club FC Barcelona.
Only Troy and Utah State didn’t start a European big in wins against SDSU — although Mexican forward Victor Valdes had 20 points for Troy.
“Obviously, it’s changing the game,” Dutcher said. “The European pros are coming over because they can make more money over here than they can in Europe. They come over and they’re making good money, whether it’s Demirel at Grand Canyon or it’s Buljan at New Mexico.
“These are good players who come up through a club system and are basically professional basketball players.”
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