Why is the Statute of Limitations So Complicated in Medical Malpractice Cases in Wyoming?
Ragain & Clark September 30, 2026
In a Wyoming medical malpractice case, the statute of limitations is complicated because it can be difficult to determine when the clock starts running. Wyoming law limits the time you have to file a claim against a hospital, doctor, or other medical professional, but the date you start counting the deadline can vary depending on several factors.
Here we explain how the deadlines work and how they are calculated. While it is always a good idea to start working on a claim as soon as possible, you may find that the law allows longer than you realized and that you still have an opportunity to seek resources to meet the needs of your family if you’re dealing with a missed diagnosis, birth injury, medication error, or injuries from other forms of medical negligence.
What is the Statute of Limitations?
The statute of limitations is a general legal term for the time limit to file a lawsuit against someone. It applies in civil and criminal cases, but the limits can be short or long depending on the legal issues involved.
The limit is usually set in years, and it’s fairly straightforward in many cases. For instance, Section 1-3-107 of the Wyoming Statutes specifies that a lawsuit for mistakes in professional health care services must be filed within two years of the date of the mistake.
But there are exceptions. Sometimes, the time limit does not start on the date of the mistake but on another date. Other times, the limitation period can be paused or tolled. Pay close attention to the rules to understand the deadline for filing a medical malpractice claim.
How Does the Statute of Limitations Work for Medical Malpractice Claims in Wyoming?
The basic rule is that a claimant has two years from the time the medical mistake was made, but that rule is altered if it was not reasonable for the mistake to have been discovered within two years or the patient did not discover the error within two years even though they tried to figure out what was causing their problems. In that case, the patient has two years from when they discovered that a medical mistake caused their pain or other concerns. And if the discovery is made during the second year of that period, they may be granted an additional six months to file.
To further add to the confusion, if a child is injured due to medical malpractice, such as in the situation where injuries during childbirth lead to cerebral palsy, then an action can be filed up until the child’s 8th birthday or within two years of the time the injury was discovered, whichever occurs later.
FAQs About the Statute of Limitations in Wyoming Medical Malpractice Cases
Why doesn’t the deadline always start on the date of medical treatment?
The statute of limitations starts running later in some situations because a patient often isn’t aware that a medical provider made a mistake until much later. For instance, if a surgeon left a medical instrument inside a patient and the patient reported pain, that pain might be assumed to be part of the healing process or attributed to another factor, such as abdominal gas. It may take months or even years for an X-ray to reveal the truth.
How long do I have to file a medical malpractice lawsuit in Wyoming?
In many cases, you must file your lawsuit within two years of receiving negligent medical care, but if you didn’t discover the mistake until later, you may have an additional 24-30 months to file your claim.
Is the statute of limitations different when medical malpractice leads to death?
When a medical mistake causes an untimely death of an infant, child, or adult, the case is considered a wrongful death action and the general rule is that a claim must be filed within two years of the date of death rather than the date of injury.
Ragain & Clark Works to Hold Hospitals and Doctors Accountable for Medical Malpractice
If you or a loved one suffered because a doctor or other medical professional acted negligently, the healthcare system and insurance companies can make it extremely difficult to get justice and the resources you deserve to offset your losses. But we know how to get results, and we’re ready to help.
At Ragain & Clark, we have decades of experience helping victims of medical malpractice in Wyoming obtain full and fair compensation. For a free consultation to learn more about the potential compensation available in your situation, call us at 307-388-6400 or contact us online now.
