As patients and other individuals continue to file suits against doctors, medical malpractice law in Wyoming will continue to change from its original configurations into a device to enable prosecuting physicians who are thought to have performed negligent or improper acts toward their patients.
Statute of Limitations
At a glance, there are a number of features to keep in mind when it comes to Wyoming tort law. The first of which is the statute of limitations. This is limited to 2 years from when the original injury took place or after the injury was originally discovered.
The second feature to consider is the limit to damage awards. Unlike the majority of states today, there is no limit to the amount that may be awarded to a patient who successfully sues a healthcare professional for malpractice or negligent damages.
Joint Defendant Liability
The third feature to keep in mind is joint defendant liability. For defendants, liability levels are proportional to the amount of fault allotted to each defendant.
The fourth feature to keep in mind is the necessity of expert witnesses. In Wyoming, there is not a stipulation for witnesses.
Finally, with regard to attorney fees, these in Wyoming depend on the value of the award in a successful suit. If the awarded value is equal to or less than $1 million, the attorneys are entitled to 1/3 of the amount of the claim if settled within 60 days of the filing of the case.
However, if the case is settled after more than 60 days, then the attorney is entitled to 40% of the compensation. When the award is greater than $1 million, however, the attorney fees are capped at a flat 30% of the awarded compensation.
Wyoming Definitions of Medical Malpractice Law
Wyoming has a basic definition of medical malpractice law. However, the application of the law is slightly different from the theory of the law, and the exact meanings of the law are naturally going to vary from one case to the next. The law is constantly evolving and it is best to consult a legal professional to find how the law may apply in one’s particular circumstances.