Are You Eligible to Receive Compensation Through Wyoming’s Medical Malpractice Insurance Pool?

It can be very difficult to recover compensation for a medical malpractice claim in Wyoming. Your case needs to pass a screening process just to be heard by a judge. Doctors and hospitals don’t like to admit it when they’ve made a mistake, so evidence can be challenging to locate, and it often requires medical experts to explain how the evidence indicates liability.

In addition to these concerns, you have to wonder about the availability of compensation. That’s why people sometimes get excited to hear about the possibility of recovering compensation through a medical malpractice insurance pool. But there are some important factors to understand about recovery in medical malpractice cases in Wyoming. If you contact our firm for a free consultation, we can explain the details that apply in your specific situation. Here are some general factors to consider.

Wyoming’s State-Operated Patient Compensation Fund is Not Active

Some states operate dedicated funding programs to pay for medical malpractice claims. These patient compensation funds are generally funded by surcharges on medical fees and provide compensation when damages from a malpractice claim exceed a specified amount. Wyoming has legally created this type of fund. Section 26-33-105 of the Wyoming Statutes provides for the existence of a fund to cover amounts when liability exceeds the minimum required for malpractice insurance coverage. However, this fund is not listed as active, and the account is essentially dormant and cannot be used to compensate medical malpractice victims in our state.

Some states also have associations that provide compensation for certain types of injuries, such as Florida’s Birth-Related Neurological Injury Compensation Association. This option is not available for Wyoming families dealing with birth injuries.

However, healthcare providers and facilities operated by local governments may be covered by the Wyoming Local Government Liability Pool. This is a self-insurance program for local government entities that covers medical malpractice claims and other liability situations.

Recovery for Malpractice

To recover compensation for medical malpractice in Wyoming, even through the liability pool, patients need to file a lawsuit and prove that a healthcare provider or facility was negligent in providing treatment, diagnosis, or other care. They must prove that the care provided did not meet prevailing standards and that, because of the substandard care, the patient suffered harm they would not otherwise have endured.

Once liability is established, a patient may recover amounts to cover the additional medical expenses resulting from the medical errors, amounts to cover lost wages and needs, and compensation to offset the pain and suffering caused by the medical mistakes.

In most medical malpractice cases, damage awards are paid by the malpractice insurance policies held by the healthcare provider or the facility where the patient was treated. Unlike state funds, which can be deactivated at the whim of politics, insurance companies are usually able to provide compensation once liability is demonstrable.

Damage Awards are Not Capped in Wyoming

One of the benefits of bringing a medical malpractice lawsuit in Wyoming is that the state has refused to put limits on the amount of damages a malpractice victim can receive. Many states have capped damages, particularly for noneconomic damages such as pain and suffering. While these limitations are generally prohibited in Wyoming, they may apply when a claim is filed against a government entity or facility.

To be eligible for recovery through a personal injury lawsuit, a claim for medical malpractice must be prepared and filed before the deadline established by the statute of limitations. In most cases, that is two years from the date of the injury. The claim must also be approved by a screening panel to ensure the case has medical and legal merit.

Ragain & Clark Understands How to Obtain Maximum Compensation for Medical Malpractice in Wyoming

Although medical malpractice claims are challenging, it is important to hold medical professionals and hospitals accountable when they make decisions based on arrogant assumptions or greed. At Ragain & Clark, we have decades of experience recovering full compensation for the victims of malpractice, including birth injuries, misdiagnosis of cancer, and mistakes made by medical specialists such as dentists, podiatrists, and chiropractors. To find out how we may be able to help you receive maximum compensation for injuries caused by medical errors, call us at 307-388-6400 or contact us online today.