Medical Malpractice Attorney in Wyoming
Medical malpractice occurs as a result of healthcare professionals including doctors, hospitals, nurses, act in a way deemed to be negligent that injures or even kills a patient. Improperly diagnosing, treating, caring for, or managing a patient’s health or acting in any way deemed omissive or negligent could result in medical malpractice.
Characteristics of Medical Malpractice
In order for a healthcare facility or professional to be found to have acted in an instance of negligence or omission, the following attributes must apply:
Significant Damages
Malpractice suits require hours of testimony by medical professionals and depositional testimonies. To pursue medical malpractice the patient must demonstrate the following:
- Income loss
- Abnormal instances of pain
- Pain and Suffering
- Past, current, or ongoing medical expenses
- Disabilities
Injury Caused By Negligence
The patient has to also be able to demonstrate that their injuries would not have occurred without the negligence of the healthcare provider. The patient has to be able to prove that the injury occurred solely because of the omission and not because the circumstances of the care are unfavorable. However, consulting with a medical malpractice attorney can help you clearly evaluate if you have a case.
Violations of the Standards of Care
Patients have the right to expect a certain level of care from health professionals known as the standard of care. In order to establish negligence in a medical malpractice claim, the patient will need to demonstrate that the healthcare facility or professionally performed in a way that was deviant from the standards of care outlined by the law.
Medical Malpractice Examples
- Surgical errors including unnecessary surgeries and surgeries on the wrong parts of the body
- Misrecognition of symptoms,
- Improper aftercare and follow-up
- Prescription errors that result in improper medications or dosage
- Diagnosis failures or misdiagnosis
- Disregard of a patient’s health history
- Testing errors due to improper administering or omission
- Prematurely discharging a patient
- Ignoring, omitting, or misreading lab results
- Birthing injuries
- Anesthesia errors
Medical Malpractice in Wyoming
Before filing a medical malpractice claim in Wyoming patients must undergo some other steps first as well as make sure they fall within the Wyoming Statute of Limitations.
Medical Malpractice Statute of Limitations in Wyoming
The medical malpractice statutes of Wyoming can be a bit confusing so let’s examine each part. First, a medical malpractice claim has to be filed within two years of the date the medical error was committed.
If the patient was unable to discover the malpractice within two years of the offense, after doing their due diligence to discover the negligent act, then cases should be filed within two years of when the malpractice was discovered to have been committed.
If the malpractice wasn’t discovered until the second year from the date the medical error was committed or found to have been committed, then the period for filing a lawsuit could be extended by up to six months. In this instance, the patient will have the burden of proving they were unable to discover the instances of malpractice, and discovering the instances of malpractice was unreasonable.
Wyoming’s Medical Review Panel
According to Wyoming Statutes section 9-2-1518, patients don’t need to submit their claim to the medical review panel if:
- All parties involved agree to waive the panel process
- All parties decide to submit their case to an arbitrator instead
- Or the lawsuit was filed before July 1, 2005.
However, in all other instances, the patient’s medical malpractice claim must go before
the Wyoming Medical Review Panel. A patient must submit a written claim that authorizes the release of their medical records and outlines the evidence of negligent acts and names of those responsible, that have contributed to medical practice.
Wyoming Medical Malpractice Damages
Wyoming has not put a cap on the amount of damages that can be recovered in a medical malpractice suit. Though finding healthcare practitioners are liable in your case may be difficult, it is not impossible. Working with an adept team of medical malpractice attorneys in Gillette, WY could help ensure that careless healthcare facilities are held responsible for their negligence.
Contact Cotton Law Office Today
Cotton Law Office is committed to investigating the conditions of your accident to get you the compensation you deserve.
For any questions, please give our team a call at 307-257-9309.