Wyoming law

Medical Malpractice Laws in Wyoming.

Wyoming medical malpractice claims are subject to a 2-year statute of limitations with a discovery rule extension. The state has no damage caps — the Wyoming Constitution (Art. 10, § 4) expressly prohibits capping damages for injury or death. Wyoming repealed its mandatory medical review panel requirement in 2021 (effective July 1, 2022), so there is no longer a pre-suit screening requirement. Wyoming follows the same modified comparative fault rules as other personal injury cases.

Last verified: 2026-02-26

State law

Statute of Limitations

2 yearsWyo. Stat. § 1-3-107

Medical malpractice claims must be filed within 2 years of the date of the negligent act or omission.

Exceptions

Discovery Rule — 2 years from discoveryWyo. Stat. § 1-3-107

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.

Late Discovery Extension — 6-month extensionWyo. Stat. § 1-3-107

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.

Minors — Tolled until age 18Wyo. Stat. § 1-3-114

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

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)Wyo. Stat. § 1-1-109(b)

The same comparative fault rules apply as in general personal injury. If the patient is 51% or more at fault (extremely rare in medical malpractice), they recover nothing. Each defendant is liable only for their proportional share.

State law

Damage Caps

Compensatory Damages: No cap (constitutionally prohibited)Wyo. Const. Art. 10, § 4

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.

Punitive Damages: No statutory cap

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

State law

Filing Requirements

Medical Review Panel (Repealed)Wyo. Stat. § 9-2-1518 (repealed)

Wyoming's mandatory medical review panel was repealed effective July 1, 2022 (Laws 2021, Ch. 99).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.

Expert Testimony

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.

State law

Key Wyoming Statutes

Standard of CareCase law (Vasquez v. Macy, 2015 WY 138)

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.

Informed ConsentWyo. Stat. § 1-1-111 (common law)

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.

State law

Official Sources

Wyoming Legislature — Title 1 (Civil Procedure)Wyoming Secretary of State — Constitution

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Wyoming.

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Medical Malpractice Laws in Wyoming.

Statute of Limitations

Fault & Liability Rules

Damage Caps

Filing Requirements

Key Wyoming Statutes

Official Sources

Not Legal Advice

Browse attorneys for this issue in Wyoming.

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