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Medical Malpractice Attorneys for Jackson, WY
If you or someone you love was hurt by a doctor, nurse or hospital in Jackson, you may be dealing with new medical bills, lost work and worry about what comes next.
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.
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.
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.
Diagnostic errors
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.
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.
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
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.
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).
If the problem could not reasonably have been found within the first two years, or was missed despite due diligence, W.S. § 1-3-107 allows a claim up to two years after discovery, but the claimant has to establish that.
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).
W.S. § 1-38-102 requires the wrongful death action to be brought by and in the name of the wrongful death representative.
The wrongful death clock is two years from the death itself (W.S. § 1-38-102); a properly filed action to appoint the representative tolls it until thirty days after the appointment order (W.S. § 1-38-103).
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.
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.
The Fifty Percent Rule
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.
Because fault can be assigned to providers who are not defendants, identifying every provider involved in the care early matters.
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.
Before suing a governmental entity, the claim has to be presented as an itemized statement in writing within two years of the act, error or omission, stating the time, place and circumstances, the claimant, and the amount demanded (W.S. § 1-39-113).
One year from the filing of the claim is the deadline to sue (W.S. § 1-39-114), and for the providers listed in W.S. § 1-39-110 the limit is $1,000,000, a figure that differs from the general limits in W.S. § 1-39-118.
Courts for a Jackson 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 Jackson, the county where the claim arose may well be Teton County.
The Court and Hospitals Behind a Jackson Claim
Jackson lies in Teton County, according to Census Bureau place and county names. For Teton County, the Wyoming Judicial Branch lists a district court in Jackson, part of the Ninth Judicial District, at 250 E. Simpson Ave, Jackson, WY 83001. The Wyoming Department of Health trauma center list shows St. John’s Health in Jackson 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.
Next Steps for a Jackson Medical Malpractice Claim
Before you contact anyone, it helps to put the events in order: the dates of treatment, the providers you saw, what you were told and what happened afterward.
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
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.
Can I recover from every provider who contributed to the harm?
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.
Is there a different process for public hospitals in Wyoming?
The governmental entity is liable for the malpractice of its employed providers (W.S. § 1-39-110), after a written claim within two years (W.S. § 1-39-113) and a suit within one year of filing it (W.S. § 1-39-114).
Where is a malpractice lawsuit from Jackson filed?
In the county where the cause of action arose or where the defendant resides or may be summoned (W.S. § 1-5-109); for care in Jackson that can be Teton County.
What if I did not find out about the mistake until later?
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?
A minor has until the eighth birthday or two years from the care if that is later (W.S. § 1-3-107).
Where to Look Next
These pages cover other communities in Wyoming, in case the care you received was somewhere else.
