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Medical Malpractice Help in Saratoga
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.
What Counts as Medical Malpractice in Wyoming
Under W.S. § 1-3-107, the claims it governs are those arising from an act, error or omission in the rendering of licensed or certified professional or health care services in Wyoming.
The comparative fault statute, W.S. § 1-1-109, describes fault as acts or omissions, in any measure negligent, that are a proximate cause of the injury, and that is the link a malpractice claim has to show.
An unexpected outcome does not prove a mistake. What matters is whether care in Saratoga departed from accepted practice and whether that departure caused the harm.
Common Medical Malpractice Claims
The examples that follow are not a complete list, but they show how a claim connects what the provider did or failed to do to the harm.
Failure to diagnose
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.
Errors in the operating room
Problems before, during or after an operation can all lead to claims: planning, the procedure itself, anesthesia and follow up care. The question is whether the care departed from accepted practice and caused the injury.
Errors with medications
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.
Childbirth injuries
When a mother or baby is harmed before, during or soon after delivery, a claim asks whether the care departed from accepted practice and whether that caused the injury. These cases usually depend heavily on the medical records.
The Wyoming Filing Deadline
Under W.S. § 1-3-107, the general rule is two years from the alleged act, error or omission in the rendering of health care services, and the time runs whether or not the patient has yet seen a lawyer.
There is a discovery exception: a case may be started up to two years after the act, error or omission is discovered if the claimant can establish that it was not reasonably discoverable within the two year period, or that the claimant failed to discover it despite due diligence (W.S. § 1-3-107).
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.
Under W.S. § 1-3-107, an injured minor has until the eighth birthday or two years from the act, error or omission, whichever is greater, and a plaintiff under another legal disability has one year after the disability ends.
Wrongful Death Claims in Wyoming
Wyoming allows an action for damages when a death is caused by wrongful act, neglect or default of the kind that would have let the patient bring a claim (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.
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.
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.
No Statutory Cap on Damages
Wyoming does not allow the legislature to cap what an injured person may recover. Wyo. Const. art. 10, § 4 states that no law shall be enacted limiting the amount of damages for injury or death.
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.
How Wyoming Divides Fault Among the Parties
Under W.S. § 1-1-109, a patient whose own fault is fifty percent or less of the total can still recover, with damages reduced by that share.
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.
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).
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
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 Saratoga, that can include Carbon County.
Courts and Hospitals Near Saratoga
The Census Bureau places Saratoga in Carbon County. The Wyoming Judicial Branch court locator lists the district court for Carbon County in Rawlins, at 415 West Pine Street, Rawlins, WY 82301; it belongs to the Second Judicial District. The Wyoming Department of Health trauma center list shows North Platte Valley Medical Center in Saratoga as a Trauma Receiving Facility. Ask the hospital’s records office for your complete chart and itemized bill, and note which doctors and nurses were involved.
How to Begin With a Saratoga Malpractice Attorney
If you believe medical care in Saratoga 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.
Submit the form on this page and we will work to connect you with an attorney in our network who handles medical malpractice claims in Wyoming. Because filing deadlines are measured in years, not decades, it helps to ask early.
Frequently Asked Questions
Is there a different process for public hospitals in Wyoming?
A written, itemized claim has to be presented within two years of the act, error or omission (W.S. § 1-39-113), and suit must be started within one year after the claim is filed (W.S. § 1-39-114).
Can I still file if the error was found after two years?
W.S. § 1-3-107 has a discovery exception, and a discovery in the second year adds six months to the period.
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).
Does the deadline change for a child injured by medical care?
A minor has until the eighth birthday or two years from the care if that is later (W.S. § 1-3-107).
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.
How does shared fault affect a Wyoming claim?
Yes, up to a point: recovery is not barred while your fault is fifty percent or less of the total fault, and the award is reduced in proportion (W.S. § 1-1-109).
How is fault divided among several providers?
Under W.S. § 1-1-109, each defendant is responsible only to the extent of its proportion of the total fault.
Other Pages That May Help
If your matter is in another part of Wyoming, start from the directory or a nearby community page.
