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Medical Malpractice Attorneys for Sinclair, WY
Finding out that care in Sinclair 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.
What Counts as Medical Malpractice in Wyoming
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.
Under W.S. § 1-1-109, fault covers acts or omissions that are a proximate cause of the injury and are negligent in any measure; the claim links the care in Sinclair to the injury in that way.
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
Malpractice claims come in many forms. The ones below are common, and each depends on linking a failure in care to the injury.
Misdiagnosis and delayed diagnosis
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.
Surgical mistakes
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.
Prescription and dosing mistakes
Giving the wrong medication, the wrong amount or a drug that conflicts with something the patient already takes can cause serious harm. A claim looks at where in the process the care fell short.
Harm to a mother or baby at birth
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.
Filing Deadlines Under Wyoming Law
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.
Under W.S. § 1-3-107, when the problem is discovered during the second of the two years, six months are added to the period for filing.
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
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).
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).
An action for wrongful death must be commenced within two years after the death of the decedent (W.S. § 1-38-102). If an action to appoint the representative is properly filed, the limitation periods are tolled from that filing until thirty days after the order appointing the representative (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.
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 absence of a limit does not mean any amount is guaranteed; the outcome of a claim depends on its facts and the evidence.
When Fault Is Divided
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.
Under W.S. § 1-1-109, a defendant pays in proportion to its fault, and the fact finder considers every actor whose fault was a proximate cause of the injury, party or not.
Listing each provider who touched the care, and the dates, is useful before the first consultation.
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).
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.
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.
Choosing the County to File In
W.S. § 1-5-109 gives two places to file: the county where the cause of action arose, or the county where the defendant resides or may be summoned. Care in Sinclair points to Carbon County as one option.
Local Courts and Hospitals in Sinclair
The Census Bureau places Sinclair in Carbon County. The Second Judicial District Court for Carbon County is listed by the Wyoming Judicial Branch in Rawlins, at 415 West Pine Street, Rawlins, WY 82301. Another facility on the Wyoming Department of Health trauma center list, Memorial Hospital of Carbon County in Rawlins, is also in Carbon County; it is listed as a Community Trauma Hospital. The Wyoming Department of Health trauma center list names North Platte Valley Medical Center in Saratoga, in Carbon County as well, as a Trauma Receiving Facility. 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.
How to Begin With a Sinclair Malpractice Attorney
A short written account of what happened, with the names of the providers and the dates, gives an attorney a useful starting point, even if you are missing some records.
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
Can I recover if I share some blame in Wyoming?
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).
In what county would a Sinclair claim be brought?
W.S. § 1-5-109 allows either county, the one where the claim arose or the one where the defendant resides or may be summoned. Carbon County is often one of them for a Sinclair claim.
What if the patient was a minor when the injury happened?
A minor may have more time. 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?
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.
What if I did not find out about the mistake until later?
W.S. § 1-3-107 has a discovery exception, and a discovery in the second year adds six months to the period.
Who can bring a wrongful death claim in Wyoming?
A wrongful death action is brought by the wrongful death representative for the exclusive benefit of the beneficiaries, and it must be commenced within two years after the death (W.S. § 1-38-102).
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).
Other Pages That May Help
These pages cover other communities in Wyoming, in case the care you received was somewhere else.
