Wyoming

Statute of Limitations

Medical Claim Generally:

“Within two (2) years of the date of the alleged act, error or omission, except that a cause of action may be instituted not more than two (2) 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 a two (2) year period; or the claimant failed to discover the alleged act, error or omission within the two (2) year period despite the exercise of due diligence.” [W.S. § 1-3-107]

Minors:

“For injury to the rights of a minor, by his eighth birthday or within two (2) years of the date of the alleged act, error or omission, whichever period is greater, except that a cause of action may be instituted not more than two (2) years after discovery of the alleged act, error or omission, if the claimant can establish that the alleged act, error or omission was” not discoverable or the claimant failed to discover it. [W.S. § 1-3-107]

Wrongful death:

A wrongful death action “shall be commenced within two (2) years after the death of the decedent” [Wyo. Stat. § 1-38-102]

Damage Caps

The Wyoming Constitution establishes that it is unconstitutional to limit damages in medical malpractice cases

Attorney Fee  Caps

Contingency fee arrangements are subject to limitations depending on the amount recovered. [Rule 5 of the Rules Governing Contingent Fees for Members of the Wyoming State Bar]

Pre-suit Requirements

Wyoming currently does not have any pre-suit requirements as of 2023.

Expert

Qualifications

Wyoming requires the general rules for experts that the testimony must be relevant and reliable. [702 of the Wyoming Rules of Evidence]

Negligent 

Credentialing Claims

Wyoming recognizes negligent credentialing. [Loeffel v. Dash (2020)]