Medical Malpractice in Wyoming
Statute of Limitations: 2 Years
Discovery: 2 Year from Discovery (plus 6 month extension due to pain or injury)
Liability Rules: Shared Fault/Proportional Comparative Negligence
What You Should Know
Medical Malpractice cases are for patients who have been misdiagnosed, harmed before, during or after any medical procedure, or injured due to lack of treatment. Each state has their own set of laws and practices. We’ve outlined, generally, what you need to know in the case of filing a medical malpractice claim in the state of Wyoming.
Statute of Limitations
A Statute of Limitations is the deadline or time period in which you have to file a medical malpractice case. In the state of Wyoming, a patient has two years to file a claim from the point in which the incident occurred or two years from the date in which they discovered, or should have reasonably discovered, that they were injured or experiencing pain due to an act of omission or negligence by their physician or healthcare provider.
Here is what must first be established or able to be proven in order to file a claim:
- The physician or health care provider owed the given patient any ‘duty’. For example, further treatment, alternate care, guidance, etc.
- The standard of care for the given illness or ailment failed to be met. Each surgery or treatment has a set of conditions, or standards, that must be met in order to be considered acceptable, or at the most basic level, complete.
- There is a compensable injury. Unfortunately not all injuries are compensable. A worst case scenario for medical malpractice is fatality. However, if there are reconcilable damage to the patient that can be rectified to some degree, that will help in filing a claim.
- Lastly, not only does it have to be proven that the standard of care was breached, but also that it was the cause of harm or damage to the patient. For example, if indeed a doctor did neglect the standard of care for a given treatment, but that was not the cause of harm or injury to the patient, it may not be enough to open a case.
6 Month Extension
Wyoming also allows for a six month extension on filing a claim if the pain or injury due to medical malpractice was discovered in the second year of the two-year limit. For example, if a person received a misdiagnosis, poor treatment, or overall negligence or omission from their healthcare provider or physician in January 2016, but did not discover it until March 2017, they will have until July of 2018 to file a claim. Without the six month extension, they would have to file the claim by January 2018.
Patient’s filing a medical malpractice claim in Wyoming must also submit their claim to the Wyoming Medical Review Panel. This is in place to deter people from filing cases without reasonable evidence. The claim submitted to the Review Panel must cover the misconduct they believe occurred. This would be a description of the neglected standard of care, misdiagnosis, omission or any other reason they believe they were wronged by their healthcare provider or practicing physician. The second item to be submitted to the Review Panel is a release allowing review of the patient’s medical records. The Panel then reviews the claim and deciphers whether it is valid or not.
Without proper attention and support, a medical malpractice case in Wyoming may be very difficult to manage without experienced guidance and knowledge. For medical malpractice cases, it is best to hire a professional attorney. At Buckingham Barrera Law, we offer the highest care and service. If you find yourself dealing with neglectful physicians or healthcare providers, give us a call us for a free consultation.
How Can We Help You?
If you or a loved one have been injured in the state of Wyoming, contact us at 432.570.1919 or email us using the form below for your free, no-obligation consultation. The Buckingham Barrera Law Firm has helped thousands of people in multiple states get the compensation they deserve for their injuries.