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Medical Malpractice Help in Kirby
Finding out that care in Kirby fell short can be painful, and sorting out whether it amounts to medical malpractice is a separate question from how you feel about it.
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.
When a Provider's Care Becomes a Malpractice Claim
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.
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.
Medical care does not always succeed, and an unhappy outcome is not by itself malpractice; the claim has to connect a failure in care to the injury.
Types of Medical Malpractice Cases
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
Diagnostic claims turn on timing: what was known when, what a careful provider would have done with the same symptoms, and what an earlier diagnosis would have changed.
Surgical mistakes
Operating room claims examine whether the surgeon and the team followed accepted practice for the procedure, and whether a departure from it, rather than a known risk, caused the harm.
Prescription and dosing mistakes
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
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
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).
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.
W.S. § 1-3-107 adds six months when the act, error or omission comes to light in the second year of the two year period.
Children and people with a disability are treated differently in W.S. § 1-3-107: a minor has until the eighth birthday or two years from the act, error or omission, whichever is greater, and a plaintiff with another legal disability has one year after it is removed.
When a Patient Dies
If a patient dies because of care that would have supported a claim during the patient’s life, W.S. § 1-38-101 provides a wrongful death action.
The action is brought by and in the name of the decedent’s wrongful death representative, for the exclusive benefit of the beneficiaries who sustained damage (W.S. § 1-38-102).
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).
No Statutory Cap on Damages
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.
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.
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.
How Wyoming Divides Fault Among the Parties
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.
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
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 Kirby Claim
Under W.S. § 1-5-109, venue lies in the county where the cause of action arose or where the defendant resides or may be summoned; for treatment in Kirby, that can include Hot Springs County.
The Court and Hospitals Behind a Kirby Claim
Kirby lies in Hot Springs County, according to Census Bureau place and county names. For Hot Springs County, the Wyoming Judicial Branch lists a district court in Thermopolis, part of the Fifth Judicial District, at 415 Arapahoe Street, Thermopolis, WY 82443. The Wyoming Department of Health trauma center list names Hot Springs Health in Thermopolis, in Hot Springs County as well, as a Community Trauma Hospital. If your care took place at a hospital like this, ask for the complete chart and an itemized bill, and write down every provider who treated you.
Next Steps for a Kirby 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.
Fill out the form above and we will work to put you in touch with an attorney in our network who handles malpractice claims in Wyoming. Starting sooner gives you more room to gather records.
Frequently Asked Questions
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?
Two years from the date of the act, error or omission, with a discovery exception (W.S. § 1-3-107).
Is there a wrongful death claim for malpractice 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?
Possibly: W.S. § 1-3-107 allows up to two years after discovery in those circumstances, and the claimant must establish them.
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).
Is there a cap on malpractice damages in Wyoming?
There is no statutory cap: Wyo. Const. art. 10, § 4 bars a law limiting the amount of damages for injury or death.
Can I recover if I share some blame in Wyoming?
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).
Where to Look Next
If your matter is in another part of Wyoming, start from the directory or a nearby community page.
