WYOMING MEDICAL MALPRACTICE

Wyoming medical malpractice claims may be made against doctors or other healthcare professionals or organizations when the treatment rendered falls below the commonly accepted professional standard.  To be successful, though, these claims must certain very stringent requirements that relate to timing and pre-litigation review.  An injured patient’s potential recovery is not capped under Wyoming law. However, where responsibility for the harm is shared, a plaintiff’s financial recovery may be limited.

WYOMING MEDICAL MALPRACTICE CLAIMS

Wyoming medical malpractice law reaches far beyond doctors and hospitals. Malpractice claims may also be made against osteopaths and physician assistants licensed to practice, as well as all licensed nurses, pharmacists, dentists, dental hygienists and optometrists.

To be clear, however, not every bad outcome is the result of medical malpractice. There must be evidence of an error, omission, misconduct or negligence that rendered the treatment outside the realm of reasonable, competent, professional medical care.

Patients will be required to provide medical reports and diagnoses, testimony from experts, medical files, and physical evidence to support their medical malpractice claims. 

WYOMING MEDICAL MALPRACTICE STATUTE OF LIMITATIONS

The statute of limitations for medical malpractice claims in Wyoming has three parts:

• The basic rule, as set out in at Wyoming Statutes section 1-3-107, is that a medical malpractice lawsuit must be filed within two years of the date on which the underlying  medical error was committed;
• However, if the malpractice was "not reasonably discoverable" within those two years, or if the plaintiff failed to discover it "despite the exercise of due diligence," then the case must be brought within two years of the date when the malpractice is actually discovered;
• But, that if the malpractice is not discovered until sometime during the second year of the additional two-year period, "the period for commencing a lawsuit shall be extended by six months."

Beyond the statute of limitations period, however it is ultimately calculated, an individual may not bring a medical malpractice lawsuit, so speed and due diligence are essential.

MODIFIED COMPARATIVE NEGLIGENCE

Under Wyoming medical malpractice laws, a plaintiff’s award is reduced by the amount of negligence the plaintiff contributed to the circumstances of his or her injury up to fifty percent. Up to fifty percent, the plaintiff’s financial recovery may be reduced.  If, at trial, the plaintiff is found to be was more than fifty percent responsible for his or her injuries, the plaintiff will recover nothing.

MEDICAL REVIEW PANEL

Before filing a medical malpractice lawsuit in Wyoming's courts, most plaintiffs must file a claim with the Wyoming Medical Review Panel. The filing must include:

• a description of the health care provider's conduct (or inaction) that is alleged to be malpractice, including names of all health care providers who treated the patient; and
• an authorization for release of the patient's relevant medical records.

The named health care providers must answer the patient's claim within 60 days. If not, the patient is free to file a medical malpractice lawsuit in Wyoming's court system. Within 60 days of the health care provider's answer, if there is one, the patient must submit a signed statement from a qualified medical expert, in which the expert lays out the basis for his or her belief that malpractice has been committed.

The Panel will then hold a hearing in order to consider evidence, hear from witnesses, and review documents in order to determine whether there is substantial evidence of malpractice and whether it is reasonably probable that the patient was harmed as a result.
The Medical Review Panel's decision is not binding but, if the case goes to trial, the court may admit aspects of the panel's proceedings into evidence, for the jury's consideration.
 

WYOMNG MEDICAL MALPRACTICE LEGAL HELP

If you or a loved one has suffered injuries because of medical malpractice, please click the link below and your information will be sent to a lawyer who may evaluate your claim at no cost or obligation.

 

 

Last updated on Dec-16-21