Wyoming Birth Injury Lawyers

Wyoming Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Wyo. Stat. §1-3-107 Two years from injury or reasonable discovery, except that a cause of action may be instituted not more than two years after discovery of the alleged act, error or omission, if the claimant can establish that the alleged act, error or omission was not reasonably discoverable within the two year period. Minors: by 8th birthday or within two years, whichever is later, except that a cause of action may be instituted not more than two years after discovery of the alleged act, error or omission, if the claimant can establish that the alleged act, error or omission was not reasonably discoverable within the two year period.

Wyoming Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

No limitations. Wyoming Constitution Article 10, § 4: (a) No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person. (b) Any section of this constitution to the contrary notwithstanding, for any civil action where a person alleges that a health care provider's act or omission in the provision of health care resulted in death or injury, the legislature may by general law: (i) Mandate alternative dispute resolution or review by a medical review panel before the filing of a civil action against the health care provider.

Limits on Attorney Fees

Ct. Rules, R. 1 et seq. Contingent fees which do not exceed the following schedule will be presumed to be reasonable and not excessive where the total recovery does not exceed $1 million: (1) 33-1/3 percent of the recovery if the claim is settled prior to or within 60 days after suit is filed; (2) 40 percent of the recovery if the claim is settled more than 60 days after filing suit or if a judgment is entered upon a verdict. For those amounts of a recovery in excess of $1 million a contingent fee of 30 percent of such excess sum over $1 million shall be presumed reasonable and not excessive.

Periodic Payments

No applicable statute.

Patient Compensation or Injury Fund

§26-33-105. Medical Liability Compensation Account. Participating physicians pay annual surcharge.

Medical or Peer Review Panels

§35-17-101 et seq. Professional standard review organizations