Instantly Connect For Your Cheyenne Medical Malpractice Consultation When Filling Out Form
Medical Malpractice Help in Cheyenne
When medical care in Cheyenne goes wrong, the harm is physical, financial and personal at once, and it is hard to know whether what happened is a legal claim.
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.
Medical Malpractice Under Wyoming Law
The statute that sets the filing deadline, W.S. § 1-3-107, speaks of an act, error or omission in rendering licensed or certified professional or health care services, and that is the conduct a malpractice claim is built on.
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.
Not every complication is malpractice. A claim needs both a failure in the care and proof that the failure caused the injury.
Types of Medical Malpractice Cases
Malpractice claims come in many forms. The ones below are common, and each depends on linking a failure in care to the injury.
Missed or late 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 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.
Medication errors
A prescription or dosing mistake may involve a physician, a pharmacy or a hospital staff member. A claim looks at who made the error and what it caused.
Birth 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
A cause of action arising from an act, error or omission in the rendering of licensed or certified professional or health care services must be brought within two years of the date of the act, error or omission (W.S. § 1-3-107).
The discovery rule in W.S. § 1-3-107 is an exception, not a way around the clock: the claimant must establish that the error was not reasonably discoverable, or was not discovered despite due diligence, within the two years.
Under W.S. § 1-3-107, when the problem is discovered during the second of the two years, six months are added to the period for filing.
Under W.S. § 1-3-107, an injured minor has until the eighth birthday or two years from the act, error or omission, whichever is greater, and a plaintiff under another legal disability has one year after the disability ends.
When a Patient Dies
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.
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.
No Statutory Cap on Damages
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.
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.
Shared Fault in Wyoming
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.
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.
Government Employed Providers in Wyoming
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.
Two clocks apply to a public provider: the written claim (W.S. § 1-39-113) and then one year from filing it to sue (W.S. § 1-39-114). The liability limit for employed providers named in W.S. § 1-39-110 is $1,000,000 for acts on or after May 1, 1988.
Where a Laramie County Malpractice Case Is Filed
Where to file depends on the facts. W.S. § 1-5-109 allows the county where the claim arose or where the defendant resides or may be summoned, and for a Cheyenne claim Laramie County is often one of them.
Courts and Hospitals Near Cheyenne
Cheyenne lies in Laramie County, according to Census Bureau place and county names. The Wyoming Judicial Branch court locator lists the district court for Laramie County in Cheyenne, at 309 West 20th Street, Room 3205, Cheyenne, WY 82003; it belongs to the First Judicial District. Cheyenne Regional Medical Center in Cheyenne appears on the Wyoming Department of Health list of designated trauma facilities 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 Cheyenne Medical Malpractice Claim
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.
The form on this page sends your details to an attorney in our network who handles medical malpractice claims in Wyoming, so you can talk through what happened and what your options are.
Frequently Asked Questions
How is fault divided among several providers?
Each defendant is liable only for its own proportion of the total fault, and fault can be assigned to an actor who is not a party (W.S. § 1-1-109).
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.
Who can bring a wrongful death claim in Wyoming?
Two years after the death (W.S. § 1-38-102), and the action is brought by the wrongful death representative for the beneficiaries.
Does Wyoming have a discovery rule for malpractice?
A claim may be instituted not more than two years after discovery if the claimant can establish the error was not reasonably discoverable within two years, or was missed despite due diligence (W.S. § 1-3-107).
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 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?
Yes, up to a point: recovery is not barred while your fault is fifty percent or less of the total fault, and the award is reduced in proportion (W.S. § 1-1-109).
Nearby Communities We Serve
If the care happened elsewhere in Wyoming, these pages may be a better starting point.
