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Medical Malpractice Help in Rock Springs
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.
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
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).
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.
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.
Misdiagnosis and delayed diagnosis
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.
Mistakes during surgery
A surgical complication is not always a mistake, but a wrong site procedure, a retained object or an avoidable injury during an operation may be. The claim looks at what was done and at what caused the harm.
Wrong drug or wrong dose
Medication claims often start with a mistake in ordering, dispensing or giving a drug. The question is where in the process the care departed from accepted practice and whether the error caused the harm.
Birth injuries
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
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).
W.S. § 1-3-107 lets a claim be filed not more than two years after discovery when the act, error or omission was not reasonably discoverable in the first two years or was missed despite due diligence. The burden of showing that is on the claimant.
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.
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.
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).
A wrongful death representative, not the family members individually, brings the action (W.S. § 1-38-102).
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.
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).
Damages in Wyoming Malpractice Claims
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 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.
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
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.
Records that show every provider involved in the care help an attorney see how fault may be shared.
Claims Against Government Health Care Providers
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).
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).
The lawsuit is then barred unless commenced within one year after the claim is filed (W.S. § 1-39-114). For claims against an employed physician, physician assistant, nurse, optometrist or dentist based on care on or after May 1, 1988, liability is limited to $1,000,000 for any claimant (W.S. § 1-39-110).
Choosing the County to File In
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 Rock Springs, the county where the claim arose may well be Sweetwater County.
The Court and Hospitals Behind a Rock Springs Claim
Rock Springs lies in Sweetwater County, according to Census Bureau place and county names. The Third Judicial District Court for Sweetwater County is listed by the Wyoming Judicial Branch in Green River, at 80 West Flaming Gorge Way, Suite 255, Green River, WY 82935. The Wyoming Department of Health trauma center list shows Memorial Hospital of Sweetwater County in Rock Springs 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.
Speak With a Rock Springs Malpractice Attorney
If you believe medical care in Rock Springs caused you or a family member harm, a good first step is to write down what happened, when it happened and who was involved, and to gather the records and bills you already have.
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 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).
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 the hospital or provider is a government entity?
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).
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).
What if more than one provider was at fault?
Under W.S. § 1-1-109, each defendant is responsible only to the extent of its proportion of the total fault.
Where is a malpractice lawsuit from Rock Springs filed?
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 Rock Springs may be Sweetwater County.
How much time do I have to sue for medical malpractice in Wyoming?
Two years from the date of the care, extended in some cases by the discovery rule (W.S. § 1-3-107).
Where to Look Next
If the care happened elsewhere in Wyoming, these pages may be a better starting point.
