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Medical Malpractice Attorneys for Wright, WY
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.
Medical Malpractice Under Wyoming Law
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.
To recover, a patient connects the provider’s conduct to the harm. Wyoming treats an act or omission as fault when it is negligent in any measure and a proximate cause of the injury (W.S. § 1-1-109).
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
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
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.
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.
Birth injuries
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.
Time Limits for a Wyoming Malpractice Claim
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.
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).
Wrongful Death Claims in Wyoming
If a patient dies because of care that would have supported a claim during the patient’s life, W.S. § 1-38-101 provides a wrongful death action.
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).
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.
Wyo. Const. art. 10, § 4 also allows the legislature to require alternative dispute resolution or a medical review panel before a suit against a health care provider; ask the attorney whether a pre suit step applies to your case.
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.
How Wyoming Divides Fault Among the Parties
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).
When a hospital and a physician are both involved, W.S. § 1-1-109 has the fault divided among all actors, each defendant paying only its proportion.
Records that show every provider involved in the care help an attorney see how fault may be shared.
Government Employed Providers in Wyoming
W.S. § 1-39-110 makes a governmental entity liable for the medical malpractice of its employed health care providers acting within the scope of their duties, and it names contract physicians and others who serve state institutions or county jails.
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.
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).
Courts for a Wright Claim
Where to file depends on the facts. W.S. § 1-5-109 allows the county where the claim arose or where the defendant resides or may be summoned, and for a Wright claim Campbell County is often one of them.
Courts and Hospitals Near Wright
Wright lies in Campbell County, according to Census Bureau place and county names. For Campbell County, the Wyoming Judicial Branch lists a district court in Gillette, part of the Sixth Judicial District, at 500 South Gillette Avenue, Suite 2600, Gillette, WY 82716. In Campbell County, the state trauma program lists Campbell County Health in Gillette as an Area Trauma Hospital. 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 Wright 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 does shared fault affect a Wyoming claim?
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).
Which county would a Wright malpractice case be filed in?
In the county where the cause of action arose or where the defendant resides or may be summoned (W.S. § 1-5-109); for care in Wright that can be Campbell County.
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 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).
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.
How long does a family have after a death caused by malpractice?
Yes. W.S. § 1-38-101 provides the action, which must be commenced within two years after the death (W.S. § 1-38-102).
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.
Where to Look Next
If the care happened elsewhere in Wyoming, these pages may be a better starting point.
