Pain & Suffering: Medical Malpractice vs. Ordinary Injury

By the FigureMyTax Editorial Team · How we calculate

The damages rule is the same. The clock is not.

No cap on either

Wyoming does not impose a cap on economic or noneconomic damages in medical malpractice cases, because of Article 10, section 4(a).

The clock for injuries

W.S. 1-3-105(a)(iv) allows four years for an injury to the rights of the plaintiff not arising on contract.

The clock for malpractice

W.S. 1-3-107 requires a claim arising from licensed or certified professional or health care services to be brought within two years of the act, error or omission, or within two years of discovery if it was not reasonably discoverable, with a six-month extension if it is discovered in the second year.

No review panel

The Legislature repealed the medical review panel statutes, effective July 1, 2022, so a panel is no longer a prerequisite to suit.

Governmental providers

If the provider is employed by a governmental entity, liability is limited to $1,000,000 per claimant under W.S. 1-39-110, and a written claim must be presented within two years.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Wyoming's rules apply to your specific case with a licensed Wyoming attorney.