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Your Wheatland Medical Malpractice Attorney
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.
When a Provider's Care Becomes a Malpractice Claim
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.
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.
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.
Situations That Can Lead to a Malpractice Claim
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.
Missed or late 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 errors
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.
Wrong drug or wrong dose
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.
Childbirth 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.
The Wyoming Filing Deadline
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).
The discovery rule in W.S. § 1-3-107 is an exception, not a way around the clock: the claimant must establish that the error was not reasonably discoverable, or was not discovered despite due diligence, within the two years.
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.
When a Patient Dies
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.
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).
Damages in a wrongful death case can include pecuniary and exemplary damages, and each beneficiary may prove loss of probable future companionship, society and comfort (W.S. § 1-38-102).
Damages in Wyoming Malpractice Claims
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.
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.
When Fault Is Divided
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).
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.
Knowing who treated the patient, and when, helps an attorney decide whom to name and how fault may be divided.
Claims Against Public Hospitals and Government 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).
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.
Courts for a Wheatland Claim
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 Wheatland, that can include Platte County.
Courts and Hospitals Near Wheatland
Platte County is the county the Census Bureau assigns to Wheatland. For Platte County, the Wyoming Judicial Branch lists a district court in Wheatland, part of the Eighth Judicial District, at 800 9th Street, Wheatland, WY 82201. The Wyoming Department of Health trauma center list shows Platte County Hospital in Wheatland 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.
Start Your Wheatland Medical Malpractice Claim
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.
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
Can I recover from every provider who contributed to the harm?
Each defendant is liable only for its own proportion of the total fault, and fault can be assigned to an actor who is not a party (W.S. § 1-1-109).
How much time do I have to sue for medical malpractice in Wyoming?
Two years from the date of the act, error or omission, with a discovery exception (W.S. § 1-3-107).
How long does a family have after a death caused by malpractice?
Two years after the death (W.S. § 1-38-102), and the action is brought by the wrongful death representative for the beneficiaries.
Can I still file if the error was found after two years?
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?
For a minor the deadline is the eighth birthday or two years from the act, error or omission, whichever is greater, with the same discovery exception (W.S. § 1-3-107).
Can the legislature cap malpractice damages in Wyoming?
There is no statutory cap: Wyo. Const. art. 10, § 4 bars a law limiting the amount of damages for injury or death.
What if I was partly at fault?
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).
More Medical Malpractice Pages
These pages cover other communities in Wyoming, in case the care you received was somewhere else.
