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Medical Malpractice Attorneys for Torrington, WY
If you or someone you love was hurt by a doctor, nurse or hospital in Torrington, you may be dealing with new medical bills, lost work and worry about what comes next.
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
The statute that sets the filing deadline, W.S. § 1-3-107, speaks of an act, error or omission in rendering licensed or certified professional or health care services, and that is the conduct a malpractice claim is built on.
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.
An unexpected outcome does not prove a mistake. What matters is whether care in Torrington departed from accepted practice and whether that departure caused the harm.
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
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 errors
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.
Medication errors
A wrong drug, a wrong dose, a missed allergy or a harmful interaction can injure a patient. These claims ask who in the chain, the prescriber, pharmacist or nurse, made the error and whether it caused the harm.
Injuries during pregnancy or delivery
A delivery that goes wrong can leave lasting harm. A claim looks at what the providers knew, what they did and whether that caused the injury.
The Wyoming Filing Deadline
Wyoming gives two years from the date of the alleged act, error or omission to bring a claim against a health care provider (W.S. § 1-3-107), which makes the date of the care the first thing to pin down.
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.
W.S. § 1-3-107 sets a longer period for a minor, the eighth birthday or two years from the act, error or omission if that is later, and a period of one year after removal of the disability for a plaintiff with a legal disability other than minority.
Wrongful Death Claims in Wyoming
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).
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).
Damages in Wyoming Malpractice Claims
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.
One more point in Wyo. Const. art. 10, § 4: the legislature may by general law mandate alternative dispute resolution or medical review panel review before a health care claim is filed, so it is worth confirming early whether anything of that kind applies.
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
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.
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
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).
Two clocks apply to a public provider: the written claim (W.S. § 1-39-113) and then one year from filing it to sue (W.S. § 1-39-114). The liability limit for employed providers named in W.S. § 1-39-110 is $1,000,000 for acts on or after May 1, 1988.
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 Torrington, that can include Goshen County.
The Court and Hospitals Behind a Torrington Claim
Torrington lies in Goshen County, according to Census Bureau place and county names. The Eighth Judicial District Court for Goshen County is listed by the Wyoming Judicial Branch in Torrington, at 2125 East A Street, Torrington, WY 82240. Community Hospital in Torrington appears on the Wyoming Department of Health list of designated trauma facilities 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.
Next Steps for a Torrington Medical Malpractice Claim
If you believe medical care in Torrington 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.
The form on this page sends your details to an attorney in our network who handles medical malpractice claims in Wyoming, so you can talk through what happened and what your options are.
Frequently Asked Questions
What if more than one provider was at fault?
Fault is divided among all actors and each defendant pays its share (W.S. § 1-1-109), so naming the right providers matters.
How long do I have to file a medical malpractice claim in Wyoming?
Two years from the date of the care, extended in some cases by the discovery rule (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.
What if the patient was a minor when the injury happened?
A minor has until the eighth birthday or two years from the care if that is later (W.S. § 1-3-107).
Does Wyoming limit what I can recover for medical malpractice?
There is no statutory cap: Wyo. Const. art. 10, § 4 bars a law limiting the amount of damages for injury or 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).
More Medical Malpractice Pages
If your matter is in another part of Wyoming, start from the directory or a nearby community page.
