Medical malpractice in Wyoming

In a private case, file within two years of the act in most situations. Additional time is available if the malpractice was not reasonably discoverable within that period, and a six-month extension applies when discovery occurs during the second year. Government claims follow different notice and filing rules.

General rule

A cause of action arising from an act, error, or omission in rendering licensed or certified professional or health care services shall be brought within the greater of two years of the alleged act, error, or omission, except that suit may be instituted not more than two years after discovery if the claimant can establish that the alleged act, error, or omission was not reasonably discoverable within two years, or that the claimant failed to discover it despite the exercise of due diligence.

W.S. § 1-3-107 (opens in a new tab)

Second-year discovery

If discovery occurs during the second year, the statute provides a six-month extension. Other statutory extensions address minors and legal disability. Minor-specific limitation language has faced open-courts scrutiny in Wyoming case law. Confirm a minor deadline with counsel before relying on it.

No current review panel

There is no current mandatory medical review panel for a private action. The 2005 act was repealed in 2021. The constitution still allows the Legislature to require alternative dispute resolution or panel review, but no panel statute is presently in force. This research pass did not identify a statewide certificate of merit for an ordinary private suit. Expert proof remains necessary in a contested negligence case. A statement of apology or benevolence has limited admissibility under W.S. section 1-1-130.

Government claims

Governmental Claims Act claims have their own presentment and suit deadlines, often shorter than section 1-3-107. Do not use the private clock for a public-employee defendant.

W.S. § 1-3-107 (opens in a new tab)

These notes describe public legal patterns. They are not case counts, win rates, or rankings.

1. The constitution blocks a private cap

   Article 10, section 4 is the Wyoming valuation headline for private care. Voters rejected a 2004 amendment that would have allowed noneconomic caps.

   Wyo. Const. art. 10, § 4 (opens in a new tab)

2. The review panel is gone

   The Medical Review Panel Act was repealed in 2021. A private case goes to court without that panel. A future bill is not current law.

   Wyoming LSO tort-reform memorandum (June 10, 2024) (opens in a new tab)

3. Public employees are a different track

   The main statutory ceiling story is the Governmental Claims Act, including a $1,000,000 limit for certain governmental health care employees. That limit does not cap a private provider.

   W.S. § 1-39-110 (LSO memorandum) (opens in a new tab)

Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a Wyoming case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.

Private outcomes are evidence-driven and do not face a noneconomic statutory ceiling. Public-employee claims may hit Governmental Claims Act limits.

Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. Wyoming Constitution article 10, section 4(a) provides that no law shall be enacted limiting the amount of damages for causing the injury or death of any person. No private-provider noneconomic cap is in force. A 2004 proposed constitutional amendment to authorize noneconomic caps was rejected by voters. The Medical Review Panel Act was repealed in 2021. There is no current mandatory panel or certificate prerequisite for a private suit. The private filing statute is W.S. section 1-3-107, generally two years from the act, with discovery-based alternatives and a six-month extension if discovery occurs in the second year. Minor-deadline language has faced open-courts scrutiny. Confirm that point before relying on a minor blurb. The Wyoming Governmental Claims Act separately limits many public-employee health care claims, including $1,000,000 under W.S. section 1-39-110(b) for listed employed providers. Do not mix those government deadlines with the private clock.

1. Wyoming Constitution, article 10, section 4 (opens in a new tab)Accessed September 22, 2026
2. Wyoming LSO tort-reform memorandum (June 10, 2024) (opens in a new tab)Accessed September 22, 2026
3. W.S. § 1-3-107 (opens in a new tab)Accessed September 22, 2026