The state of Wyoming has specific laws for prosecuting a medical malpractice case, such as a case of birth injury that led to prolonged medical conditions or disabilities. In order to bring a lawsuit to the Wyoming courts, a family who suffered from the birth injury of their child must be sure to understand these laws and follow them carefully, because medical malpractice suits can be difficult to prove.
In addition to helping with investigation, witness recovery, record keeping and sorting, and filing the lawsuit, a Wyoming attorney who specializes in injury birth lawsuits, will be able to explain the laws regarding malpractice suits, and keep the filing procedure on track within the laws.
Statute of Limitations
Wyoming allows a family two years past the time the injury occurred, or two years past the time of discovery of injury, to file a lawsuit. The law does state that the injury must be discovered in a “reasonable” time frame for the two-year limitation to apply. Some birth injuries cause conditions like cerebral palsy that are not always noticeable until the child reaches the toddler ages and beyond, when cognitive and physical ability is easier to track.
In the event that an infant dies due to birth injury, the state allows the family two years from the date of death to file a lawsuit.
If your child has been diagnosed with a birth injury, it’s important to contact an attorney right away if a lawsuit is necessary to care for their future medical expenses. They can get a case started so that you are sure to fall in the statute of limitations.
There have been successful appeals to the statute of limitations in Wyoming in the past. For example, if a willful act of omission, or an error on the part of the medical facility or professional, kept crucial information from the plaintiff until after the two-year deadline, families are extended another six months to file a lawsuit. The Wyoming court also allows a minor to bring a claim on their own up until their eighth birthday, regardless of when the birth injury was discovered.
Caps on Awards
Wyoming state law says that to place a cap on the possible award or settlement for cases of malpractice is unconstitutional. To take the burden of huge settlements and awards off a single healthcare facility or practitioner, Wyoming has laws in place that force the sharing of malpractice fines. The state insurance pool covers damages up to one million dollars for each doctor, facility, or other health care provider. The defendant themselves is then liable for at least 50,000 dollars of a claim. Any more liabilities may be ordered upon the hospital or facility itself.
Expert Testimony and Witnesses
Wyoming does not require that an expert testify in order to present a case of birth injury; however, medical experts may be of use in proving that the injury sustained was the direct result of malpractice. The attorney who oversees the case may be able to find the right experts and witnesses to declare the liability of the healthcare provider for the courts. In addition, these experts will be able to give an estimate of the future costs of the healthcare the victim might need, which may influence how much the court awards the family.
Another important factor for birth injury cases in Wyoming is the records kept by the family. Healthcare records from before, during, and after the birth injury was sustained are all important for establishing that it was the injury that directly caused the health issues the child faces now or for the future.
Sources:
http://www.disabledlawyering.org/wyoming.html
http://www.malpracticecenter.com/states/wyoming
http://www.birthinjuryguide.org/birth-injury/financial-support/statute-limitations/