When a doctor or other type of health care professional makes a medical mistake while rendering care, performing a procedure, or offering medical advice and someone suffers injuries as a result, they may have the grounds to file a medical malpractice lawsuit.
Each state has its own laws that govern when a medical malpractice lawsuit can be filed and within what amount of time. In the State of Wyoming, individuals generally have two years from the date in which the accident occurred to file a lawsuit. Medical malpractice lawsuits can be filed against doctors, hospitals, and other types of medical facilities. In the event a doctor works for a hospital, then the facility would likely be the subject of the lawsuit.
What grounds must be met in order to file a medical malpractice lawsuit in Wyoming?
If an individual wants to file a medical malpractice lawsuit in Wyoming, they must do so before the statute of limitations expires. In addition, the injured party will be expected to prove these four elements1:
- The doctor owed a duty to the patient.
- The doctor breached that duty.
- The breach of duty caused the patient to suffer an injury.
- The patient suffered physically, financially, and/or psychologically as a result of their injuries.
Can medical malpractice lawsuits be settled out of court?
Medical malpractice lawsuits filed in Wyoming can be settled out of court. If an individual and the negligent party (i.e. the doctor or health care facility) are willing to work together to reach an agreement on the case, then there is a chance it can be settled outside of the courtroom.
For example, if an individual underwent a medical procedure and the treating physician made a mistake that otherwise would have not occurred had the patient went to another doctor, they can request compensation to make up for their injuries and other losses. If the doctor or facility is willing to pay the injured party a reasonable amount of compensation, then the two parties can settle the case without having to get the court involved.
However, if the doctor or health care provider doesn’t care to settle the case, then the victim can take it to court where a judge and/or jury will rule on the matter. It is worth noting that a case can settle before trial if the two parties decide to work together.
Hiring a Medical Malpractice Attorney to Help File a Lawsuit
If an individual is considering suing a doctor or hospital in Wyoming, they should first contact Frederick J. Harrison, P.C. to find out they have a valid case. Those who do have a viable reason for suing can retain a Wyoming medical malpractice lawyer who will handle the case and help them fight for the compensation they are due.
Frederick J. Harrison, P.C. can be reached at:
301 West Lincolnway
Cheyenne, WY 82001
Phone: (307) 316-1760