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Wyoming Medical Malpractice Statute of Limitations
Medical malpractice claims can be justified if the doctor fails to diagnose the illness or injury, does not provide the acceptable standard of medical care, or fails to provide treatment in a reasonable amount of time. If a patient suffers further injury or death because of the doctor’s negligence or willful misconduct, the physician may be required to pay damages. However, the specifics of malpractice differ in each state. For example, Wyoming requires medical malpractices cases to be reviewed by a panel, before a lawsuit can be filed.
Time Limits for Filing a Claim in Wyoming
Wyoming does impose a statute of limitations on all medical malpractice suits. In the case of a minor, the claim must be made prior to the eighth birthday or within 2 years of the incident that caused injury or death, whichever is later. In normal cases, the plaintiff has two years from the action or omission of care that caused injury or death. However, if it takes some time to discover the injury, the former patient has two years from the reasonable revelation of the injury.
Negligence Laws
Negligence laws may also differ from state-to-state. In Wyoming, there are no restrictions placed on who can be called as an expert witness in malpractices cases. For detailed information, please consult the following table:
|
Code Section |
1-1-109 |
|
Comparative Negligence |
None applicable |
|
Contributory Negligence-Limit to Plaintiff's Recovery |
Contributory fault shall not bar recovery if fault is not more than 50% of the total fault of all actors. Damages diminished in proportion to the amount of fault attributable to claimant. |
|
Contribution Among Tortfeasors |
No |
|
Uniform Act |
No |
Award Limits in Wyoming
Although many states place a cap on the amount to be awarded to the plaintiff for non-economic damages, the state of Wyoming has no specified limit. The amount of the award will be up to the jury, should the defendant(s) be found liable for wrongful injury or death.
Legal Help
For those seeking compensation for wrongful death or injury, professional legal help is strongly recommended. No one who has suffered, due to medical wrongdoing or neglect, should have to settle for any amount less than his or her entire damage request. In addition, if the plaintiffs can no longer work to support the family, compensation should be available for the future loss of income. A malpractice lawyer can make sure all issues are adequately presented before the court.