Medical providers undergo years of training to deliver exceptional treatment to their patients.
Unfortunately, some healthcare providers take this advantage for granted, causing severe harm to patients and drastically altering their lives.
If you’ve ever been injured by a healthcare professional, you might consider filing a medical malpractice lawsuit.
To do so, you must first learn about Wyoming’s malpractice process.
Medical malpractice cases can be challenging to manage, particularly for those with little to no experience. Discuss your situation with Freeburg Law, LLC to receive the best opportunity for a fair settlement.
Medical Review Panel of Wyoming
Unless there is an exemption, filing a medical malpractice claim in Wyoming requires first going through the Medical Review Panel.
“No complaint alleging malpractice against a health care professional must be filed in any court until a claim is presented to the panel and its decision is issued,” according to Wyoming Statute 9-2-1518.
To begin, the patient submits a claim to the panel. You must include specific information about the alleged act and all treating providers’ names and contact information. Patients must give their permission to release their medical records.
The Medical Review Panel will hold a hearing if the patient has completed all of the prerequisites. The panel will have to make two significant decisions:
- Is there sufficient evidence to show that the healthcare provider committed medical malpractice?
- Is it reasonable to believe that the patient was harmed due to the provider’s negligence?
Exceptions to Filing a Claim
A few exceptions exist to the requirement that the majority of medical malpractice lawsuits be reviewed by the Medical Review Panel first. When:
- All parties have waived Medical Review Panel participation;
- In the event of a dispute, the patient and healthcare provider agrees to have it arbitrated;
- A complaint concerning this matter was filed before July 1, 2005.
Unless one of the above exclusions applies, the patient must submit a claim to the Medical Review Panel before filing a lawsuit for medical negligence.
Statute of Limitations
The statute of limitations restricts a plaintiff’s ability to bring a claim. There is a two-year limitation on filing a medical malpractice lawsuit in Wyoming.
Many times, patients are unaware that they have been harmed until after the malpractice has already occurred.
Statutes of limitations give recognition to these common occurrences. Therefore, a patient has two years more to file a lawsuit if the malpractice was not reasonably discovered within two years of the act or omission.