Wyoming Medical Malpractice Laws

If the malpractice was not reasonably discoverable within 2 years, the claim must be brought within 2 years of actual discovery. The plaintiff bears the burden of proving they could not have reasonably discovered the malpractice earlier.

If the malpractice is not discovered until the second year of the 2-year period, the filing deadline is extended by an additional 6 months.

For minors, the statute of limitations is tolled until the child reaches 18, at which point the 2-year period begins to run.

The Wyoming Constitution expressly prohibits any law limiting damages for injury or death. There are no caps on economic or noneconomic damages in medical malpractice cases.

No statutory cap on punitive damages exists. Punitive damages require proof of willful and wanton misconduct by the healthcare provider.

Wyoming's mandatory medical review panel was repealed effective July 1, 2022 (Laws 2021, Ch. 99). There is no longer a pre-suit screening requirement for medical malpractice claims.

While Wyoming does not require a pre-suit expert affidavit, expert testimony is required at trial to establish the standard of care and causation in all but the most obvious cases of malpractice.

A medical malpractice plaintiff must prove that the healthcare provider failed to meet the standard of care expected of a reasonably competent provider in the same specialty, and that this failure caused the injury.

Patients have the right to informed consent before medical treatment. A healthcare provider may be liable for performing a procedure without adequately informing the patient of risks, alternatives, and expected outcomes.