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Medical Malpractice Help in Evansville
If you or someone you love was hurt by a doctor, nurse or hospital in Evansville, 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
A medical malpractice claim in Wyoming is one that arises from an act, error or omission in the rendering of licensed or certified professional or health care services, the wording used by W.S. § 1-3-107 for the filing deadline.
To recover, a patient connects the provider’s conduct to the harm. Wyoming treats an act or omission as fault when it is negligent in any measure and a proximate cause of the injury (W.S. § 1-1-109).
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
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.
Diagnostic errors
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
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.
Medication errors
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.
Harm to a mother or baby at birth
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).
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.
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.
Wrongful Death After a Medical Error
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.
The period for a wrongful death claim is measured from the death, not from the care, and is two years (W.S. § 1-38-102), tolled while a properly filed appointment action is pending (W.S. § 1-38-103).
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
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 same section lets the legislature, by general law, require alternative dispute resolution or review by a medical review panel before a civil action is filed against a health care provider (Wyo. Const. art. 10, § 4). An attorney can tell you whether any such step applies to your claim.
The lack of a statutory limit says nothing about what a particular claim is worth, which depends on the harm, the evidence and how fault is divided.
Shared Fault in Wyoming
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.
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.
Listing each provider who touched the care, and the dates, is useful before the first consultation.
Government Employed Providers in Wyoming
When care came from a public employee, W.S. § 1-39-110 allows a claim against the governmental entity for medical malpractice by its employed health care providers.
The claim against a governmental entity must be in writing and itemized, presented within two years of the act, error or omission, and it must state the amount demanded (W.S. § 1-39-113).
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
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 an Evansville claim Natrona County is often one of them.
The Court and Hospitals Behind a Evansville Claim
The Census Bureau places Evansville in Natrona County. The Wyoming Judicial Branch court locator lists the district court for Natrona County in Casper, at 115 North Center Street, Suite 100, Casper, WY 82601; it belongs to the Seventh Judicial District. 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 Evansville 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
Does Wyoming have a discovery rule for malpractice?
W.S. § 1-3-107 has a discovery exception, and a discovery in the second year adds six months to the period.
Is there a cap on 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.
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 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).
How is fault divided among several providers?
Fault is divided among all actors and each defendant pays its share (W.S. § 1-1-109), so naming the right providers matters.
In what county would an Evansville claim be brought?
W.S. § 1-5-109 allows either county, the one where the claim arose or the one where the defendant resides or may be summoned. Natrona County is often one of them for an Evansville claim.
What is the filing deadline for a malpractice claim in Wyoming?
Two years from the date of the care, extended in some cases by the discovery rule (W.S. § 1-3-107).
More Medical Malpractice Pages
If your matter is in another part of Wyoming, start from the directory or a nearby community page.
