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Mills Medical Malpractice Legal Help
When medical care in Mills goes wrong, the harm is physical, financial and personal at once, and it is hard to know whether what happened is a legal claim.
Below you will find the Wyoming rules that shape a malpractice claim, from the filing deadline to wrongful death and public providers, and a way to reach an attorney in our network through needanattorney.net.
How Wyoming Law Defines Medical Malpractice
Under W.S. § 1-3-107, the claims it governs are those arising from an act, error or omission in the rendering of licensed or certified professional or health care services in Wyoming.
The comparative fault statute, W.S. § 1-1-109, describes fault as acts or omissions, in any measure negligent, that are a proximate cause of the injury, and that is the link a malpractice claim has to show.
An unexpected outcome does not prove a mistake. What matters is whether care in Mills departed from accepted practice and whether that departure caused the harm.
Types of Medical Malpractice Cases
Whatever the kind of mistake, a claim comes back to two questions: did the care depart from accepted practice, and did that cause the injury?
Misdiagnosis and delayed diagnosis
A late or missed diagnosis can allow an illness to progress. These claims look at what the provider did, what was reasonably available to do, and what an earlier diagnosis would have changed.
Surgical mistakes
Surgery claims may involve an operation on the wrong site or patient, an instrument or object left in the body, damage to nearby structures, or a failure in anesthesia or aftercare. Each is looked at for whether it departed from accepted practice and caused the harm.
Prescription and dosing mistakes
A wrong drug, a wrong dose, a missed allergy or a harmful interaction can injure a patient. These claims ask who in the chain, the prescriber, pharmacist or nurse, made the error and whether it caused the harm.
Childbirth injuries
When a mother or baby is harmed before, during or soon after delivery, a claim asks whether the care departed from accepted practice and whether that caused the injury. These cases usually depend heavily on the medical records.
The Wyoming Filing Deadline
Wyoming gives two years from the date of the alleged act, error or omission to bring a claim against a health care provider (W.S. § 1-3-107), which makes the date of the care the first thing to pin down.
If the problem could not reasonably have been found within the first two years, or was missed despite due diligence, W.S. § 1-3-107 allows a claim up to two years after discovery, but the claimant has to establish that.
A discovery in the second year adds time: W.S. § 1-3-107 extends the period for commencing a lawsuit by six months in that case.
W.S. § 1-3-107 sets a longer period for a minor, the eighth birthday or two years from the act, error or omission if that is later, and a period of one year after removal of the disability for a plaintiff with a legal disability other than minority.
A Death Caused by Medical Care
A wrongful death action may be brought when a death is caused by a wrongful act, neglect or default that would have entitled the patient to sue had the patient lived (W.S. § 1-38-101).
The action is brought by and in the name of the decedent’s wrongful death representative, for the exclusive benefit of the beneficiaries who sustained damage (W.S. § 1-38-102).
Two years after the death is the limit for a wrongful death action (W.S. § 1-38-102), and W.S. § 1-38-103 tolls the period from the filing of a proper action to appoint the representative until thirty days after the order.
The court or jury may award pecuniary and exemplary damages as fair and just, and each beneficiary may prove damages, including the loss of probable future companionship, society and comfort (W.S. § 1-38-102).
Compensation Limits Under Wyoming Law
The Wyoming Constitution says no law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person (Wyo. Const. art. 10, § 4), so there is no statutory cap on a malpractice verdict.
One more point in Wyo. Const. art. 10, § 4: the legislature may by general law mandate alternative dispute resolution or medical review panel review before a health care claim is filed, so it is worth confirming early whether anything of that kind applies.
That does not set the value of any claim. What can be recovered still depends on the injury, the proof and the share of fault found against each defendant.
The Fifty Percent Rule
Recovery survives a patient’s share of fault only up to fifty percent of the total (W.S. § 1-1-109); within that limit, damages are reduced in proportion.
W.S. § 1-1-109 makes each defendant responsible only for its own share of fault, and the shares are determined for every actor, including one who is not a party.
Records that show every provider involved in the care help an attorney see how fault may be shared.
If the Provider Is a Public Entity
A governmental entity is liable for damages caused by the medical malpractice of health care providers who are its employees, including contract physicians, physician assistants, nurses, optometrists and dentists serving state institutions or county jails, while acting within the scope of their duties (W.S. § 1-39-110).
W.S. § 1-39-113 says no action may be brought against a governmental entity unless an itemized written claim was presented within two years of the act, error or omission.
The lawsuit is then barred unless commenced within one year after the claim is filed (W.S. § 1-39-114). For claims against an employed physician, physician assistant, nurse, optometrist or dentist based on care on or after May 1, 1988, liability is limited to $1,000,000 for any claimant (W.S. § 1-39-110).
Where a Natrona County Malpractice Case Is Filed
Under W.S. § 1-5-109, venue lies in the county where the cause of action arose or where the defendant resides or may be summoned; for treatment in Mills, that can include Natrona County.
Courts and Hospitals Near Mills
Mills lies in Natrona County, according to Census Bureau place and county names. The Seventh Judicial District Court for Natrona County is listed by the Wyoming Judicial Branch in Casper, at 115 North Center Street, Suite 100, Casper, WY 82601. Another facility on the Wyoming Department of Health trauma center list, Wyoming Medical Center in Casper, is also in Natrona County; it is listed as a Regional Trauma Center. Ask the hospital’s records office for your complete chart and itemized bill, and note which doctors and nurses were involved.
Start Your Mills Medical Malpractice Claim
If you believe medical care in Mills caused you or a family member harm, a good first step is to write down what happened, when it happened and who was involved, and to gather the records and bills you already have.
Use the form on this page to be matched with an attorney in our network who handles Wyoming medical malpractice claims. Asking early leaves more time for records and expert review.
Frequently Asked Questions
Is the deadline different if the patient was a child?
Yes. W.S. § 1-3-107 gives a minor until the eighth birthday or two years from the act, error or omission, whichever period is greater.
Can I recover if I share some blame in Wyoming?
You can recover if your fault is not more than fifty percent of the total, and damages are reduced by your share (W.S. § 1-1-109).
Which county would a Mills malpractice case be filed in?
Venue follows W.S. § 1-5-109: the county where the cause of action arose, or where the defendant resides or may be summoned, which for care received in Mills may be Natrona County.
What if more than one provider was at fault?
Fault is divided among all actors and each defendant pays its share (W.S. § 1-1-109), so naming the right providers matters.
Is there a different process for public hospitals in Wyoming?
Two steps: the itemized written claim within two years (W.S. § 1-39-113), then the lawsuit within one year after the claim is filed (W.S. § 1-39-114).
How long do I have to file a medical malpractice claim in Wyoming?
The general period is two years from the alleged act, error or omission (W.S. § 1-3-107); a claim may be started up to two years after discovery if the problem was not reasonably discoverable.
Can I still file if the error was found after two years?
W.S. § 1-3-107 has a discovery exception, and a discovery in the second year adds six months to the period.
Nearby Communities We Serve
These pages cover other communities in Wyoming, in case the care you received was somewhere else.
