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.

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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.

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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.

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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.

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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."

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New Mexico Bank and Trust, which has 21 locations across the state, announced its new president and CEO on Jan. 9.

New Mexico Bank and Trust announced on Jan. 9 that Melanie Velasquez will be the bank’s new president and CEO.

“It’s a tremendous opportunity we have such a great team here at New Mexico Bank and Trust,” Velasquez said. “I’m invested in this community, and I want to be a part of economic growth and to see our businesses thrive.”

Velasquez joined New Mexico Bank and Trust as Director of Business Development in 2023, then was promoted to Executive Vice President and Head of Commercial Banking in August of 2024. She officially took the role of president and CEO on Jan. 1, 2025.

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Greg Leyendecker co-founded NMBT in 1998 and served as president and CEO until he stepped down in January 2024 to transition to CEO Emeritus, a position he will retain.

Andres Garcia originally replaced Leyendecker, but Garcia left NMBT in July 2024.

“Our vision was to build a bank that truly understands and serves the needs of New Mexico communities,” Leyendecker said in a news release. “Melanie embodies that vision with her commitment to excellence and passion for making a difference in people’s lives.”

Velasquez is a native New Mexican and graduated from the University of New Mexico. She is also board president for S.A.F.E. House, a domestic violence shelter, and second vice chair for the Board of Trustees of the National Hispanic Cultural Center Foundation.

NMBT has 21 locations across the state of New Mexico and specializes in commercial lending and treasury management services.

The bank is a division of Heartland Financial USA Inc., a Denver-based bank holding company. UMB Financial Corp.'s acquired Heartland Financial USA Inc. in April of 2024, the deal is expected to be completed in first-quarter of this year.

“One of the things that New Mexico Bank and Trust is founded on is having integrity and leading with honesty, that’s something that will never be compromised and we’ll continue to keep those values strong,” Velasquez said.

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ALBUQUERQUE, N.M. —

After years of back-and-forth debate among city leaders, Albuquerque is set to open its first sanctioned homeless camp, known as a "Safe Outdoor Space," in the International District.

This comes as the city has spent millions to address its homeless crisis.

Target 7 Investigates: Is there a safe space?

A Community’s Efforts to Help

For Malik Kelam, owner of a small thrift shop in the International District, helping the homeless has been a part of his daily routine. Kelam runs a 1,200-square-foot shop that offers more than just affordable goods—it’s a place where those in need can find a sense of purpose.

“I take used goods, charitable donations, and I make a free section every day,” Kelam explained. Customers, many of whom live on the streets, can pick up items like clothing and sunglasses for just a dollar. On some days, Kelam even prepares meals for his visitors.

“Today, I’m cooking ham,” he said.

Just across the street from Kelam’s store, dozens of homeless individuals have set up camp on the sidewalk. While city crews regularly enforce no-camping ordinances, clearing sidewalks and disposing of belongings, the cycle of displacement leaves many feeling defeated.

“They take all of our stuff and throw it away,” said Ezekiel, a man who has spent time living on the street. “It’s just terrible because all of us have to start from the beginning.”

Deep dive: Target 7 Investigates

Tiny Home Village: A Good Start, But Not Enough

The county attempted to tackle homelessness in the area with the construction of the Tiny Home Village four years ago. While the initiative provided shelter for many, it quickly reached capacity, leaving an estimated 30 individuals still living on sidewalks just on the other side of the fence. For some, the strict rules and requirements of the village make it inaccessible.

“They say you need to be clean, or there are too many rules,” said Trish, a homeless resident who has struggled to find housing.

A New Approach

Pastor Jesse Harden of New Creation Church is spearheading a new effort to address homelessness in the neighborhood.

His congregation has been approved by the city to open Albuquerque’s first Safe Outdoor Space, a sanctioned area where homeless individuals can find safety and access to resources.

“This will be a safe, secure place for people to lock up their belongings and stay,” Pastor Harden explained. He envisions the space as a stepping stone for individuals to transition into permanent housing.

Harden’s space is the first to be approved by the city of Albuquerque.

Unlike similar initiatives in other cities, which can accommodate larger populations, Pastor Harden’s safe outdoor space will initially serve just seven individuals. It is being built and operated without government funding, relying instead on the church’s resources and community support.

“We need solutions like this to help people get off the street,” said Harden, who has already seen success with smaller initiatives.

His church recently housed two brothers, helping them secure jobs and eventually move into an apartment.

Your neighborhood: Local news from KOAT Action 7 News

Lessons from Denver

Safe outdoor spaces were first discussed in Albuquerque more than two years ago and they came with plenty of controversy. People spoke out at City Council meetings, and some councilors have changed their positions.

Two years ago, Target 7 traveled to Denver, which was being touted as a model for Albuquerque on how safe outdoor spaces should be run.

In Denver, its program has shown promise, helping people transition from the streets to permanent housing. However, these initiatives are not without challenges.

Denver's camps have faced issues such as fires, deaths, and an influx of people from out of state moving to the city seeking shelter.

Target 7 found a couple who moved to Denver from Nebraska, trying to get into a Safe Outdoor Space.

Despite the controversy surrounding the idea, Albuquerque Mayor Tim Keller remains supportive. “We still support Safe Outdoor Spaces,” Keller said during a recent town hall. “Right now, I think there’s only one, and another one is in the works.”

A Grassroots Solution

Pastor Harden, who lives in the International District, believes in a hands-on approach to solving homelessness. His church has already played a role in helping individuals rebuild their lives, and he hopes the Safe Outdoor Space will provide a similar opportunity.

“These are our neighbors who are struggling to maintain housing,” Harden said. “I wanted to create a place where people could feel safe.”

Stay updated on the latest news with the KOAT app. You can download it here.

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About 40 volunteers gathered in a downtown Albuquerque conference room Tuesday, grappling with the final survey questions they’ll ask when they set out later this month in search of people living on the streets.

The annual point-in-time count is already a challenging – and imperfect – means of taking a census of the state’s homeless population. Volunteers across the state conduct surveys over a few days and nights, collecting basic demographic and other information from unhoused people, and sometimes adding a question or two about relevant local issues, like access to free and clean restrooms.

Leaders of the New Mexico Coalition to End Homelessness, which coordinates the annual count, said the undertaking is more fraught this year, amid steep increases in unsheltered people and following a Supreme Court ruling that makes it easier for cities to crack down on public camping.

“It’s more difficult, in general, when people are fearing being kicked out, to be sure that they’re going to be where you think they are when you go to survey them,” said William Bowen, a program officer for the coalition.

Making that effort a little easier this year, at least in Albuquerque, is an agreement by city officials to hold off on their regular clearing of homeless encampments for a few days later this month when volunteers fan out across the city to speak with people on the streets, Bowen said.

Homelessness increased again across NM since last year, according to latest ‘point-in-time’ count

According to Bowen, the city has agreed to postpone sweeps in various “zones” throughout the city beginning Jan. 23, beginning with the International District and ending with Downtown.

A similar pause during the count last year was supposed to occur, Bowen said, but a “miscommunication” occurred. In its annual report last year, one that nonetheless reported a 26% increase in Albuquerque homelessness, authors said that the city’s “decommissioning” of encampments stymied their efforts.

“The city’s aggressive decommissioning policy leading up into the night of the count still caused surveyors to arrive in surveying zones, previously identified as having been heavily populated with unsheltered individuals, with no one to survey,” the authors wrote back then.

This year, Bowen said, the coalition and its volunteers have more assurances they’ll be able to do their work and find people in the usual spots.

In a statement, city spokesperson Alex Bukoski said that while officials will be “cleaning” during the point-in-time count, they will hold off on asking people to move except when they’re somewhere unsafe.

Albuquerque is throwing out the belongings of homeless people, violating city policy

“The city will continue to offer outreach during the point-in-time count as we work with our partners to ensure we’re getting the most accurate data possible,” he said.

The federal Housing and Urban Development Department requires point-in-time counts for cities and states to receive millions of dollars in funding to address housing and homelessness. In 2022, for example, Albuquerque and the rest of the state received nearly $15 million from HUD’s Continuum of Care program.

It’s not clear exactly how much funding is tied to the result of the count, Bowen said, but he stressed that it is a HUD requirement. And he said all parties should agree, even if they have competing interests or views of the homelessness crisis, that a correct and comprehensive view of homelessness trends and issues in New Mexico is worthwhile.

“I think everyone would like a more-accurate count. Different sides of the political world have different reasons for that,” he said. “But you know, everyone wants it to be accurate.”

Assuming the volunteers can find unsheltered people on city streets, they discussed Tuesday what questions they should ask them, and how to do so.

Where the city of Albuquerque will halt encampment sweeps for PIT count, according to NM CEH:

Jan. 23- 24: International District

Jan. 25: UNM area to Gibson Boulevard

Jan. 26: Intersection of I-25 and I-24 and northeast quadrant

Jan. 27-28: Downtown area

A final questionnaire is still being developed, but Bowen suggested at the end of the meeting that volunteers would ask all the HUD-required questions and a few others specific to Albuquerque and New Mexico. Those other questions could be barriers the homeless face in finding housing, whether they’ve been threatened on account of being homelessness and, amid a rise in infectious diseases like norovirus, whether they had access to restrooms.

Toward the end of the meeting, coalition member Jazmin Moreno stood up and announced that she’d received word about another city sweep of a “mass encampment sweep” near Central Avenue and Tramway Boulevard. She urged those in the audience who work with that population to be aware and to offer help, as needed.

In his statement to Source New Mexico, Bukoski did not respond to questions about whether such a sweep had occurred Tuesday.

“City workers conduct daily outreach throughout Albuquerque and during that process individuals experiencing homelessness are offered resources and transportation to shelter and other services,” he said.

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