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Medical Malpractice Help in Thermopolis
Finding out that care in Thermopolis fell short can be painful, and sorting out whether it amounts to medical malpractice is a separate question from how you feel about it.
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.
Medical Malpractice Under Wyoming Law
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.
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.
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.
Common Medical Malpractice Claims
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
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
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
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.
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.
How Long You Have to File in Wyoming
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.
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.
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).
A Death Caused by Medical Care
W.S. § 1-38-101 makes a person liable in a wrongful death action when the death was caused by a wrongful act, neglect or default that would have entitled the injured person to sue.
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.
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).
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).
No Statutory Cap on Damages
Under Wyo. Const. art. 10, § 4, the amount of damages recoverable for causing injury or death cannot be limited by law, and that applies to a claim against a provider.
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.
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.
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.
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
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
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 Thermopolis points to Hot Springs County as one option.
The Court and Hospitals Behind a Thermopolis Claim
The Census Bureau places Thermopolis in Hot Springs County. The Wyoming Judicial Branch court locator lists the district court for Hot Springs County in Thermopolis, at 415 Arapahoe Street, Thermopolis, WY 82443; it belongs to the Fifth Judicial District. In Thermopolis, the state trauma program lists Hot Springs Health as a Community Trauma Hospital. 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 Thermopolis Malpractice Attorney
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
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).
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 there a cap on 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.
Does the deadline change for a child injured by medical care?
Yes. 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 long does a family have after a death caused by malpractice?
A family has two years after the death. W.S. § 1-38-101 provides the action, and it must be commenced within two years after the death (W.S. § 1-38-102).
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).
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.
More Medical Malpractice Pages
Medical care often happens outside your own town; these pages cover other Wyoming communities.
