Medical Malpractice

Each year, nearly 100,000 people die from negligent medical care and millions more are injured. Every American family that gets health care is entitled to safe and competent health care. Patients and their families deserve the right to seek justice through a lawsuit when they, their child or another family member has needlessly suffered serious and permanent injury or death as a result of medical care.

Medical professionals including doctors, osteopathic physicians, nurses, physicians’ assistants, nurse practitioners, hospitals, urgent care facilities, and surgery centers are required to follow a “standard of care,” and provide medical treatment in the manner that similarly licensed medical professionals are supposed to provide. Medical malpractice occurs when a health care provider fails to do what a reasonably careful and similarly licensed medical professional and/or medical facility would do in the same situation.

If you suspect that you or someone you love has been the victim of medical malpractice or negligence in Wyoming, you should seek legal assistance immediately from our law firm because states, including Wyoming, Colorado and many these, have short time limits to serve a notice of claim. States also have other requirements such as compulsory review by a Medical Review panel with a short time limit.

Wyoming Medical Malpractice Law

What is needed to prove medical malpractice?

The Plaintiff must prove the following in order to prevail upon [his][her] claim of medical negligence against the Defendant(s):

  1. The accepted standard of medical care;
  2. The health care provider breached [his][her][its] duty by failing to meet the accepted standard of care;
  3. The health care provider’s failure to meet the accepted standard of care was a cause of injury to the plaintiff; and
  4. This failure caused injuries.

Before you can bring a medical malpractice case you must have expert witnesses must testify as to what “the accepted standard of medical care” is and that the defendant doctor failed “to meet the acceptable standard of care.”

Wyoming’s Statute of Limitations is Tricky

A statute of limitations is a state law that sets a limit on the amount of time you have to file a lawsuit. After that time period expired you are no longer able to file a medical malpractice lawsuit against negligent doctors and/or health care providers.

Seek immediate legal assistance from a Wyoming Medical Malpractice Lawyer

If you suspect that you or someone you love has been the victim of medical malpractice or negligence in Wyoming, you should seek legal assistance immediately from our law firm.

A medical malpractice lawsuit must be filed within two years of the medical error. If the error is not discovered until sometime during the second year of the two-year period, “the period for commencing a lawsuit shall be extended by six months.” However, if the malpractice was “not reasonably discoverable” within those first 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.

Minors have additional time to file a medical negligence lawsuit.

Wyoming Medical Review Panel

Before you can file a medical malpractice lawsuit in Wyoming, you must first file a claim with the Wyoming Medical Review Panel.

You must do this before the statute of limitations expires: We will handle this if you consult us in time.

In order to file a lawsuit, you are required to first submit a written claim to the Wyoming Medical Review Panel, including:

  • a description of the health care provider’s conduct (or inaction) that is alleged to equal 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 health care provider is not required to respond. The health care provider can also waive the hearing before the medical review panel. All named health care providers can answer the patient’s claim within 60 days. If the health care providers do not answer you can file a lawsuit.

If the health care provider does respond the patient must within 60 days of the health care provider’s answer the patient or decedent’s representative 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.

Thereafter, there will be a hearing before Medical Review Panel. After the hearing the panel issues a decision (by majority vote) as to whether there is:

  • substantial evidence that, in treating the patient, the health care provider committed malpractice, and
  • a reasonable probability that the patient was harmed as a result.

However, even if there is a hearing the Medical Review Panel’s decision is not binding on the count.

What damages are recoverable in a medical malpractice case?

The damages in medical malpractice vary depending on the facts of every case.

Loss of chance — If the jury finds that the defendant was negligent in the treatment and the defendant’s negligence reduced the chances of obtaining a better result, then the jury can award damages that fairly compensate the injured party for this loss of chance of a better result.

What is Medical Negligence?

Medical negligence occurs when a health care provider professional does something to a patient that a reasonably careful health care provider would not do or when a doctor fails to do something in treating a patient that the doctor should have done. Negligence in medical malpractice cases can occur in a variety of situations, such as:

  • Delivery errors causing birth injuries
  • A delay or failure in diagnosing a disease
  • A surgical or anesthesia-related mistake during an operation
  • Failure to gain the informed consent of the patient for an operation or surgical procedure
  • A physician that has made the correct diagnosis, but then fails to provide proper treatment
  • Misuse of prescription drugs or a defective medical device or implant
  • Wrongful amputation
  • Surgical errors
  • Medication errors

When is more than ordinary care required?

In the medical field, it is the duty of a physician or specialist who holds himself or herself out as a specialist in a particular field of medical, surgical or other healing science, to meet the standard of care by having the knowledge and skill ordinarily possessed and by using the care and skill ordinarily used by reputable specialists practicing in the same field and under similar circumstances.

Economic Damages

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    Non-Economic Damages

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