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Medical Malpractice Help in Sheridan
When medical care in Sheridan 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.
Medical Malpractice Under Wyoming Law
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.
A bad result alone is not enough. The question is whether the care departed from accepted practice and whether that departure, rather than the underlying illness or a known risk, caused the harm.
Common Medical Malpractice Claims
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?
Failure to diagnose
A claim can arise when a condition is missed or identified late. The question is whether the delay or error departed from accepted medical practice and caused harm that earlier treatment would have avoided.
Surgical errors
Problems before, during or after an operation can all lead to claims: planning, the procedure itself, anesthesia and follow up care. The question is whether the care departed from accepted practice and caused the injury.
Errors with medications
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.
Birth injuries
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.
The Wyoming Filing Deadline
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).
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.
Wrongful Death Claims in Wyoming
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).
Under W.S. § 1-38-102, a wrongful death representative sues for the exclusive benefit of the beneficiaries; the family does not file in their own names.
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).
Damages in Wyoming Malpractice Claims
A malpractice plaintiff in Wyoming is not held to a statutory damages cap: Wyo. Const. art. 10, § 4 provides that no law shall limit the amount of damages for causing injury or death.
The constitution permits a general law requiring alternative dispute resolution or review by a medical review panel before a suit against a health care provider (Wyo. Const. art. 10, § 4); an attorney can check whether that affects a particular claim.
The absence of a limit does not mean any amount is guaranteed; the outcome of a claim depends on its facts and the evidence.
The Fifty Percent Rule
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.
Each defendant is liable only to the extent of its own proportion of the total fault, and fault can be assigned to an actor whether or not that actor is a party to the lawsuit (W.S. § 1-1-109).
Because fault can be assigned to providers who are not defendants, identifying every provider involved in the care early matters.
Claims Against Government Health Care Providers
If the provider is employed by a governmental entity, W.S. § 1-39-110 provides for liability for the provider’s medical malpractice within the scope of the provider’s duties.
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.
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).
Where a Sheridan County Malpractice Case Is Filed
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 Sheridan points to Sheridan County as one option.
The Court and Hospitals Behind a Sheridan Claim
Sheridan lies in Sheridan County, according to Census Bureau place and county names. For Sheridan County, the Wyoming Judicial Branch lists a district court in Sheridan, part of the Fourth Judicial District, at 224 South Main Street, Room B-11, Sheridan, WY 82801. The Wyoming Department of Health trauma center list shows Sheridan Memorial Hospital in Sheridan as an Area Trauma Hospital. Whichever hospital treated you, request your full records and an itemized bill early, and keep a list of the providers you saw.
Start Your Sheridan Medical Malpractice Claim
People often start with a simple timeline of the care they received in Sheridan, along with discharge papers, test results and any letters from the provider or the insurer.
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
How fast must I act against a public provider in Wyoming?
A written, itemized claim has to be presented within two years of the act, error or omission (W.S. § 1-39-113), and suit must be started within one year after the claim is filed (W.S. § 1-39-114).
What if I did not find out about the mistake until later?
W.S. § 1-3-107 has a discovery exception, and a discovery in the second year adds six months to the period.
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 the patient was a minor when the injury happened?
A minor may have more time. 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.
Who can bring a wrongful death claim in Wyoming?
The wrongful death representative brings the action for the beneficiaries (W.S. § 1-38-102), within two years after the death.
How does shared fault affect a Wyoming claim?
Wyoming allows recovery when the claimant’s fault is not more than fifty percent of the total, with damages diminished by that share (W.S. § 1-1-109).
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.
More Medical Malpractice Pages
If the care happened elsewhere in Wyoming, these pages may be a better starting point.
