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Medical Malpractice Attorneys for Gillette, WY
A medical mistake leaves questions that are hard to put down: what went wrong, who was responsible, and whether Wyoming law gives you a way to hold them accountable.
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
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.
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).
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.
Kinds of Cases That Need a Malpractice Attorney
Malpractice claims come in many forms. The ones below are common, and each depends on linking a failure in care to the injury.
Failure to diagnose
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.
Errors in the operating room
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.
Wrong drug or wrong dose
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.
Injuries during pregnancy or delivery
Birth injury claims examine monitoring, decisions about delivery and care after the baby is born, and ask whether any departure from accepted practice caused the harm.
Time Limits for a Wyoming Malpractice Claim
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.
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).
For an injury to the rights of a minor, the deadline is the minor’s eighth birthday or two years from the act, error or omission, whichever is greater, with the same discovery exception; for a plaintiff with a legal disability other than minority, it is one year after the disability is removed (W.S. § 1-3-107).
Wrongful Death After a Medical Error
W.S. § 1-38-101 makes a person liable in a wrongful death action when the death was caused by a wrongful act, neglect or default that would have entitled the injured person to sue.
W.S. § 1-38-102 requires the wrongful death action to be brought by and in the name of the wrongful death representative.
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).
A jury or court may award what it considers fair and just, pecuniary and exemplary, including loss of companionship, society and comfort for each beneficiary who proves it (W.S. § 1-38-102).
What the Wyoming Constitution Says About Damage Limits
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.
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.
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.
The Fifty Percent Rule
Wyoming follows a fifty percent rule: contributory fault does not bar recovery when it is not more than fifty percent of the total, and the damages are diminished by the claimant’s share (W.S. § 1-1-109).
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.
Claims Against Public Hospitals and Government Providers
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.
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.
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.
Courts for a Gillette Claim
An action for personal injuries or wrongful death may be brought in the county where the cause of action arose or in the county where the defendant resides or may be summoned (W.S. § 1-5-109). For care received in Gillette, the county where the claim arose may well be Campbell County.
Courts and Hospitals Near Gillette
The Census Bureau places Gillette in Campbell County. The Wyoming Judicial Branch court locator lists the district court for Campbell County in Gillette, at 500 South Gillette Avenue, Suite 2600, Gillette, WY 82716; it belongs to the Sixth Judicial District. In Gillette, the state trauma program lists Campbell County Health as an Area Trauma Hospital. Ask the hospital’s records office for your complete chart and itemized bill, and note which doctors and nurses were involved.
Next Steps for a Gillette Medical Malpractice Claim
People often start with a simple timeline of the care they received in Gillette, 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
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).
In what county would a Gillette claim be brought?
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 Gillette may be Campbell County.
What if the patient was a minor when the injury happened?
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.
How much time do I have to sue for medical malpractice in Wyoming?
Two years from the date of the act, error or omission, with a discovery exception (W.S. § 1-3-107).
Can I still file if the error was found after two years?
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 there a wrongful death claim for malpractice in Wyoming?
The wrongful death representative brings the action for the beneficiaries (W.S. § 1-38-102), within two years after the death.
Does Wyoming limit what I can recover for medical malpractice?
No. The Wyoming Constitution provides that no law shall be enacted limiting the amount of damages for causing injury or death (Wyo. Const. art. 10, § 4).
More Medical Malpractice Pages
These pages cover other communities in Wyoming, in case the care you received was somewhere else.
