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Medical Malpractice Attorneys for Powell, WY
If you or someone you love was hurt by a doctor, nurse or hospital in Powell, you may be dealing with new medical bills, lost work and worry about what comes next.
The sections below set out the Wyoming law that applies to malpractice claims and explain how to reach, through needanattorney.net, an attorney in our network who handles them.
What Counts as Medical Malpractice in Wyoming
Wyoming’s limitation statute covers a cause of action arising from an act, error or omission in the rendering of licensed or certified professional or health care services (W.S. § 1-3-107), which is the kind of claim a medical malpractice case brings.
Wyoming law defines fault to include acts or omissions that are a proximate cause of injury and are in any measure negligent (W.S. § 1-1-109), so a claim has to connect what the provider did or failed to do to the harm.
Not every complication is malpractice. A claim needs both a failure in the care and proof that the failure caused the injury.
Common Medical Malpractice Claims
These are among the kinds of care that lead to claims. Each depends on showing that the care departed from accepted medical practice and that the departure caused the harm.
Failure to diagnose
When a provider fails to order the right test, misreads a result or dismisses symptoms, the harm may come from lost time. A claim asks whether an earlier diagnosis was reasonably available and what difference it would have made to treatment.
Surgical errors
A surgical complication is not always a mistake, but a wrong site procedure, a retained object or an avoidable injury during an operation may be. The claim looks at what was done and at what caused the harm.
Wrong drug or wrong dose
Giving the wrong medication, the wrong amount or a drug that conflicts with something the patient already takes can cause serious harm. A claim looks at where in the process the care fell short.
Injuries during pregnancy or delivery
Claims about harm at birth look at the care given and ask whether a departure from accepted practice caused the injury, which is why complete records matter.
Filing Deadlines Under Wyoming Law
The deadline is measured from the date of the alleged act, error or omission, and the period is two years (W.S. § 1-3-107).
There is a discovery exception: a case may be started up to two years after the act, error or omission is discovered if the claimant can establish that it was not reasonably discoverable within the two year period, or that the claimant failed to discover it despite due diligence (W.S. § 1-3-107).
If the act, error or omission is discovered during the second year of the two year period, the time to start the lawsuit is extended by six months (W.S. § 1-3-107).
Children and people with a disability are treated differently in W.S. § 1-3-107: a minor has until the eighth birthday or two years from the act, error or omission, whichever is greater, and a plaintiff with another legal disability has one year after it is removed.
Wrongful Death Claims in Wyoming
If a patient dies because of care that would have supported a claim during the patient’s life, W.S. § 1-38-101 provides a wrongful death action.
A wrongful death representative, not the family members individually, brings the action (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.
W.S. § 1-38-102 allows pecuniary and exemplary damages that are fair and just, and lets each beneficiary prove their own damages, including loss of probable future companionship, society and comfort.
Damages in Wyoming Malpractice Claims
Wyoming does not allow the legislature to cap what an injured person may recover. Wyo. Const. art. 10, § 4 states that no law shall be enacted limiting the amount of damages for injury or death.
Wyo. Const. art. 10, § 4 also allows the legislature to require alternative dispute resolution or a medical review panel before a suit against a health care provider; ask the attorney whether a pre suit step applies to your case.
What a claim is worth depends on the injury, the proof and the allocation of fault, not on a statutory ceiling.
When Fault Is Divided
Under W.S. § 1-1-109, a patient whose own fault is fifty percent or less of the total can still recover, with damages reduced by that share.
When a hospital and a physician are both involved, W.S. § 1-1-109 has the fault divided among all actors, each defendant paying only its proportion.
Because fault can be assigned to providers who are not defendants, identifying every provider involved in the care early matters.
Government Employed Providers in Wyoming
W.S. § 1-39-110 makes a governmental entity liable for the medical malpractice of its employed health care providers acting within the scope of their duties, and it names contract physicians and others who serve state institutions or county jails.
A written, itemized claim is required first: W.S. § 1-39-113 asks for it within two years of the act, error or omission, with the time, place and circumstances of the injury, the claimant’s name and address, and the amount demanded.
After the claim is filed, W.S. § 1-39-114 allows one year to start the action. Against employed physicians, physician assistants, nurses, optometrists and dentists, the limit is $1,000,000 for care on or after May 1, 1988 (W.S. § 1-39-110).
Choosing the County to File In
W.S. § 1-5-109 gives two places to file: the county where the cause of action arose, or the county where the defendant resides or may be summoned. Care in Powell points to Park County as one option.
Local Courts and Hospitals in Powell
Powell lies in Park County, according to Census Bureau place and county names. The Fifth Judicial District Court for Park County is listed by the Wyoming Judicial Branch in Cody, at 1002 Sheridan Avenue, Cody, WY 82414. The Wyoming Department of Health trauma center list shows Powell Valley Healthcare in Powell as a Community Trauma Hospital. Whichever hospital treated you, request your full records and an itemized bill early, and keep a list of the providers you saw.
How to Begin With a Powell Malpractice Attorney
A short written account of what happened, with the names of the providers and the dates, gives an attorney a useful starting point, even if you are missing some records.
Submit the form on this page and we will work to connect you with an attorney in our network who handles medical malpractice claims in Wyoming. Because filing deadlines are measured in years, not decades, it helps to ask early.
Frequently Asked Questions
Can I recover from every provider who contributed to the harm?
Under W.S. § 1-1-109, each defendant is responsible only to the extent of its proportion of the total fault.
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.
Is there a wrongful death claim for malpractice in Wyoming?
Yes. W.S. § 1-38-101 provides the action, which must be commenced within two years after the death (W.S. § 1-38-102).
Can I still file if the error was found after two years?
Possibly: W.S. § 1-3-107 allows up to two years after discovery in those circumstances, and the claimant must establish them.
What if the patient was a minor when the injury happened?
A minor has until the eighth birthday or two years from the care if that is later (W.S. § 1-3-107).
Can the legislature cap malpractice damages in Wyoming?
Not by law. Wyo. Const. art. 10, § 4 says no law shall limit the damages recoverable for causing injury or death.
What if I was partly at fault?
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).
Where to Look Next
These pages cover other communities in Wyoming, in case the care you received was somewhere else.
