Wyoming Malpractice Laws | Wyoming Medical Malpractice
Limits on Malpractice Damages
Wyoming does not impose limits on damages in medical malpractice cases.
Collateral Source Rule
Under the collateral source rule a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources such as the plaintiff’s own insurance coverage.
Rules for Expert Witnesses
Wyoming does not impose special restrictions on expert witness testimony in malpractice cases.
Joint and Several Liability
Under a traditional rule of joint and several liability where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment. Such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment. Wyoming has abolished joint liability such that each defendant is liable for damages in an amount proportionate to that defendants fault for the plaintiff’s injury.
Statute of Limitations
Medical malpractice actions must be filed within two years of the date of the act or omission giving rise to the injury or within two years of the date the injury was or reasonably should have been discovered. For medical malpractice cases involving minors a lawsuit must be filed within the two year medical malpractice limitations period or by the minors eighth birthday whichever is later.
Limits on Attorney Fees
For recoveries up to $1 million attorney fees are limited to 1/3 for cases which settle prior to 60 days after they are filed, and to 40% cases which are subsequently settled or for any judgment. Attorney fees are limited to 25% for any recovery over $1 million.
*Wyoming requires malpractice cases to be reviewed by a medical panel before a lawsuit may be filed. The results of the review are none biding. The review panels findings may be admitted into evidence at the discretion of the trial court.