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Wyoming Medical Malpractice Law - An Overview

By Aaron Larson

Law Offices of Aaron Larson

July, 2004

Important Notice: The following overview of Wyoming's medical malpractice laws is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of medical malpractice law and may not reflect subsequent changes in the law. For a full review of Wyoming's medical malpractice law, or for a determination of how the law applies to a specific incident or injury, please consult a malpractice lawyer licensed to practice in the state of Wyoming.

Contents

What Is Medical Malpractice

Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:

  • Misdiagnosis of, or failure to diagnose , a disease or medical condition;
  • Failure to provide appropriate treatment for a medical condition;
  • Unreasonable delay in treating a diagnosed medical condition;

Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

Limits on Malpractice Damages

Wyoming does not impose limits on damages in medical malpractice cases.

Collateral Source Rule

Under the collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources, such as the plaintiff's own insurance coverage.

Rules for Expert Witnesses

Wyoming does not impose special restrictions on expert witness testimony in malpractice cases.

Joint and Several Liability

Under a traditional rule of joint and several liability, where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment. Wyoming has abolished joint liability, such that each defendant is liable for damages in an amount proportionate to that defendant's fault for the plaintiff's injury.

Statute of Limitations

Medical malpractice actions must be filed within two years of the date of the act or omission giving rise to the injury, or within two years of the date the injury was or reasonably should have been discovered. For medical malpractice cases involving minors, a lawsuit must be filed within the two year medical malpractice limitations period or by the minor's eighth birthday, whichever is later.

Limits on Attorney Fees

For recoveries up to $1 million, attorney fees are limited to 1/3 for cases which settle prior to 60 days after they are filed, and to 40% for cases which are subsequently settled or for any judgment. Attorney fees are limited to 25% for any recovery over $1 million.

Additional Rules

Wyoming requires malpractice cases to be reviewed by a medical panel review before a lawsuit may be filed. The results of the review are nonbiding. The review panel's findings may be admitted into evidence at the discretion of the trial court.

Why Use A Malpractice Lawyer

Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms.

Medical Malpractice

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Even within the specialized practice of medical malpractice law, you will find that some lawyers have subspecialties of practice, for example focusing on surgical errors, misdiagnosis, or birth trauma cases.

Copyright © 2003-2006 Aaron Larson. All rights reserved. No portion of this article may be reproduced without the express written permission of the copyright holder, except as follows: You may link this article to your website, either directly or through an ExpertLaw Library index page, provided your link does not depict this article, its author, or expertlaw.com in a negative manner.