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Medical Malpractice Attorneys for Worland, WY
When medical care in Worland goes wrong, the harm is physical, financial and personal at once, and it is hard to know whether what happened is a legal claim.
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.
How Wyoming Law Defines Medical Malpractice
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.
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.
Kinds of Cases That Need a Malpractice Attorney
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?
Misdiagnosis and delayed diagnosis
A late or missed diagnosis can allow an illness to progress. These claims look at what the provider did, what was reasonably available to do, and what an earlier diagnosis would have changed.
Surgical mistakes
Surgery claims may involve an operation on the wrong site or patient, an instrument or object left in the body, damage to nearby structures, or a failure in anesthesia or aftercare. Each is looked at for whether it departed from accepted practice and caused the harm.
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.
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
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.
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.
If the act, error or omission is discovered during the second year of the two year period, the time to start the lawsuit is extended by six months (W.S. § 1-3-107).
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 After a Medical Error
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).
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 period for a wrongful death claim is measured from the death, not from the care, and is two years (W.S. § 1-38-102), tolled while a properly filed appointment action is pending (W.S. § 1-38-103).
The court or jury may award pecuniary and exemplary damages as fair and just, and each beneficiary may prove damages, including the loss of probable future companionship, society and comfort (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.
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.
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.
When Fault Is Divided
A claimant is not barred from recovering if the claimant’s own fault is not more than fifty percent of the total fault of all actors, and any damages are reduced in proportion to the claimant’s share (W.S. § 1-1-109).
W.S. § 1-1-109 makes each defendant responsible only for its own share of fault, and the shares are determined for every actor, including one who is not a party.
Because fault can be assigned to providers who are not defendants, identifying every provider involved in the care early matters.
If the Provider Is a Public Entity
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).
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.
Courts for a Worland Claim
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 Worland points to Washakie County as one option.
The Court and Hospitals Behind a Worland Claim
Washakie County is the county the Census Bureau assigns to Worland. The Fifth Judicial District Court for Washakie County is listed by the Wyoming Judicial Branch in Worland, at 1001 Big Horn Avenue, Suite 211, Worland, WY 82401. The Wyoming Department of Health trauma center list shows Washakie Medical Center in Worland 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 Worland 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
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.
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.
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.
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).
Is there a different process for public hospitals in Wyoming?
The governmental entity is liable for the malpractice of its employed providers (W.S. § 1-39-110), after a written claim within two years (W.S. § 1-39-113) and a suit within one year of filing it (W.S. § 1-39-114).
In what county would a Worland 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. Washakie County is often one of them for a Worland claim.
Nearby Communities We Serve
If the care happened elsewhere in Wyoming, these pages may be a better starting point.
