Wyoming Medical Malpractice Complaint

COMPLAINT FOR MEDICAL NEGLIGENCE AND DAMAGES

IN THE DISTRICT COURT OF THE [_____] JUDICIAL DISTRICT

COUNTY OF [____________________], STATE OF WYOMING

COMPLAINT AND DEMAND FOR JURY TRIAL

COMES NOW Plaintiff, [PLAINTIFF NAME], by and through undersigned counsel, and for a Complaint against the above-named Defendants, alleges and states as follows:

I. INTRODUCTION AND NATURE OF THE ACTION

1. This is a civil action for medical negligence brought under Wyoming common law and the Wyoming Code of Civil Procedure for damages arising out of the negligent rendering of professional medical care to Plaintiff [or Plaintiff's decedent / Plaintiff's minor child] by the above-named Defendants.

2. Plaintiff seeks recovery of all compensatory damages — economic and noneconomic — proximately caused by Defendants' breaches of the applicable standard of care. The Wyoming Constitution, Article 10, Section 4, expressly provides: "No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person." Accordingly, no statutory or common-law cap applies to the damages sought herein against any non-governmental Defendant.

II. PARTIES

4. Plaintiff [PLAINTIFF NAME] is, and at all times material hereto was, a resident of [____________________] County, Wyoming, residing at [____________________________________________]. [If applicable: Plaintiff brings this action individually and in [his/her/their] capacity as duly appointed Personal Representative of the Estate of [DECEDENT NAME], pursuant to Letters Testamentary/of Administration issued by the [____________] County District Court on [__/__/____]. / Plaintiff brings this action as parent and next friend of [MINOR INITIALS], a minor child born [__/__/____].]

5. Defendant [DEFENDANT PHYSICIAN NAME], M.D., is, and at all times material hereto was, a physician licensed to practice medicine in the State of Wyoming under license number [____________] issued by the Wyoming Board of Medicine, and engaged in the practice of [specialty: e.g., general surgery, obstetrics, internal medicine] in [____________] County, Wyoming.

6. Defendant [DEFENDANT HOSPITAL/CLINIC NAME] is, and at all times material hereto was, a [Wyoming corporation / nonprofit corporation / limited liability company / governmental entity] organized under the laws of the State of Wyoming, with its principal place of business located at [____________________________________________], [____________] County, Wyoming, and engaged in the business of operating a [hospital / clinic / surgical center] providing medical and surgical services to the public.

7. Defendant [PROFESSIONAL CORPORATION NAME], P.C., is, and at all times material hereto was, a Wyoming professional corporation through which Defendant [PHYSICIAN NAME] rendered professional medical services and which employed or was the principal of one or more of the individual Defendants.

8. Defendants John/Jane Does 1 through 10 are individuals or entities whose true identities are presently unknown to Plaintiff but who participated in the rendering of medical care to Plaintiff [or Plaintiff's decedent / minor child] and whose acts, errors, or omissions contributed to the injuries alleged herein. Plaintiff will amend this Complaint to substitute the true names of these Defendants when ascertained, pursuant to Wyo. R. Civ. P. 15.

III. JURISDICTION AND VENUE

9. This Court has subject matter jurisdiction over this action pursuant to Wyo. Const. art. 5, § 10 and W.S. § 5-3-101, as a civil action at law for damages exceeding the jurisdictional minimum of any inferior court.

10. Venue is proper in this Court pursuant to W.S. § 1-5-105 and § 1-5-108 because the acts, errors, and omissions complained of occurred in [____________________] County, Wyoming, and one or more of the Defendants resides, has its principal place of business in, or transacts substantial business in [____________________] County, Wyoming.

11. The Wyoming Medical Review Panel Act, W.S. §§ 9-2-1513 through 9-2-1523, was repealed effective July 1, 2022, by 2021 Wyoming Session Laws, Chapter 99, § 2. No pre-suit panel review is required as a precondition to filing this action.

IV. STATUTE OF LIMITATIONS COMPLIANCE

13. The acts, errors, and omissions alleged herein occurred on or about [__/__/____].

14. [If standard accrual:] This Complaint is filed within two (2) years of the date of the alleged act, error, or omission, in compliance with W.S. § 1-3-107(a)(i).

15. [If discovery rule applies:] The alleged act, error, or omission was not reasonably discoverable within two (2) years of its occurrence; despite the exercise of due diligence, Plaintiff did not and could not have discovered it until on or about [__/__/____]. This Complaint is therefore filed within two (2) years of discovery, in compliance with W.S. § 1-3-107(a)(ii). [If discovered in second year:] The act, error, or omission was discovered during the second year of the two-year period; accordingly, the limitation period is extended by six (6) months under W.S. § 1-3-107(b), and this Complaint is timely filed.

16. [If minor plaintiff:] Plaintiff [MINOR INITIALS] was a minor at the time of the alleged act, error, or omission. Pursuant to Kordus v. Montes, 2014 WY 146, 337 P.3d 1138, application of the two-year limitation period of W.S. § 1-3-107 to medical malpractice claims of minors violates Article 1, Sections 6 and 8 of the Wyoming Constitution. The applicable limitations period is therefore tolled during minority pursuant to W.S. § 1-3-114, and this action is timely.

V. FACTUAL ALLEGATIONS

17. On or about [__/__/____], Plaintiff [or Plaintiff's decedent / Plaintiff's minor child] presented to Defendant [PROVIDER/FACILITY] at [____________________________________________] for [describe presenting complaint, symptoms, or condition: e.g., "evaluation of severe abdominal pain and suspected acute appendicitis"].

18. A physician-patient relationship was thereby established between Plaintiff [or Plaintiff's decedent / minor child] and Defendant [PHYSICIAN NAME], imposing upon Defendant [PHYSICIAN NAME] a duty to render medical care consistent with the degree of care, skill, and learning ordinarily possessed and exercised under the same or similar circumstances by similarly situated [physicians of the same specialty] practicing in Wyoming or in similar communities.

20. On [__/__/____], Defendant [PHYSICIAN NAME] [describe specific clinical encounter: e.g., "performed a laparoscopic appendectomy on Plaintiff at [HOSPITAL]"]. During [or in connection with] this encounter, Defendant [describe specific negligent act, error, or omission: e.g., "failed to identify and address a perforation of the cecum, failed to obtain appropriate intraoperative imaging, and discharged Plaintiff without adequate post-operative monitoring or instructions"].

21. Following [the encounter / discharge], Plaintiff [or Plaintiff's decedent / minor child] developed [describe sequelae and complications: e.g., "progressive sepsis, peritonitis, and intra-abdominal abscess requiring emergency exploratory laparotomy on [__/__/____], resection of [____________], an extended ICU admission, and permanent injury including [____________________]"].

22. Defendant [HOSPITAL/CLINIC NAME], by and through its agents, employees, and apparent agents acting within the course and scope of their employment or agency, including but not limited to nursing staff, residents, attending physicians, and ancillary personnel, [describe institutional negligence: e.g., "failed to enforce its own sepsis-screening protocols, failed to escalate abnormal vital signs to a covering physician, and failed to maintain adequate post-operative observation"].

23. The injuries described herein were the direct and proximate result of the breaches of the standard of care committed by Defendants and were not the result of any pre-existing condition, intervening cause, or fault of Plaintiff.

VI. STANDARD OF CARE AND BREACH

24. Plaintiff has consulted with a qualified health care provider competent to testify as an expert in the same or similar specialty as each Defendant who, after review of the pertinent medical records, has confirmed that:

☐ Each Defendant owed Plaintiff [or Plaintiff's decedent / minor child] a duty to exercise the degree of care, skill, and learning expected of a reasonably competent practitioner of the same specialty under the same or similar circumstances;

☐ Each Defendant breached that standard of care in one or more respects; and

☐ Each such breach was a proximate cause of the injuries and damages alleged herein.

COUNT I — MEDICAL NEGLIGENCE

(Against Defendant [PHYSICIAN NAME], M.D.)

26. Plaintiff incorporates by reference each of the foregoing paragraphs as if fully set forth herein.

27. Defendant [PHYSICIAN NAME], as a physician licensed to practice medicine in Wyoming, owed Plaintiff [or Plaintiff's decedent / minor child] a duty to exercise that degree of care, skill, and learning ordinarily possessed and exercised under the same or similar circumstances by reasonably competent [specialty] physicians.

28. Defendant [PHYSICIAN NAME] breached that duty in one or more of the following respects:

☐ Failing to obtain a timely and adequate history and physical examination;

☐ Failing to order, interpret, or act upon appropriate diagnostic studies, including [____________________];

☐ Failing to timely diagnose [____________________];

☐ Failing to timely treat [____________________];

☐ Failing to obtain proper informed consent for [____________________];

☐ Performing [procedure] in a manner that fell below the standard of care, including [specific deviation];

☐ Failing to recognize and respond to known complications, including [____________________];

☐ Failing to consult with or refer to an appropriate specialist;

☐ Failing to provide adequate post-procedure or post-discharge instructions, follow-up, and monitoring;

☐ Such other acts and omissions as may be revealed through discovery.

29. Each of the foregoing breaches, individually and collectively, was a direct and proximate cause of the injuries and damages alleged herein.

COUNT II — INSTITUTIONAL/CORPORATE NEGLIGENCE AND VICARIOUS LIABILITY

(Against Defendant [HOSPITAL/CLINIC NAME])

30. Plaintiff incorporates by reference each of the foregoing paragraphs as if fully set forth herein.

31. Defendant [HOSPITAL/CLINIC NAME] owed Plaintiff [or Plaintiff's decedent / minor child] independent duties as a health care institution, including duties to:

a. Use reasonable care in selecting, credentialing, monitoring, and retaining medical staff and employees;

b. Promulgate, maintain, and enforce policies and procedures consistent with the prevailing standard of care for hospitals/clinics;

c. Provide adequate nursing, ancillary, and support personnel; and

d. Maintain accurate and complete medical records.

32. Defendant [HOSPITAL/CLINIC NAME] breached these duties as alleged herein.

33. Defendant [HOSPITAL/CLINIC NAME] is also liable under the doctrine of respondeat superior for the negligent acts and omissions of its agents, employees, and apparent agents committed within the course and scope of their employment or apparent authority, including but not limited to [identify ostensible-agent providers if applicable].

34. The breaches alleged in this Count were a direct and proximate cause of the injuries and damages alleged herein.

COUNT III — LACK OF INFORMED CONSENT

(Against [PHYSICIAN NAME] and [HOSPITAL/CLINIC NAME])

35. Plaintiff incorporates by reference each of the foregoing paragraphs as if fully set forth herein.

36. Defendants undertook to perform [procedure/treatment] upon Plaintiff [or Plaintiff's decedent / minor child] without first disclosing the material risks, alternatives, and reasonably foreseeable complications that a reasonable patient in Plaintiff's position would have considered material to the decision whether to undergo the procedure.

37. Had such disclosure been made, a reasonable patient in Plaintiff's position would not have consented to the procedure as performed.

38. The undisclosed risks materialized and proximately caused the injuries alleged herein.

COUNT IV — WRONGFUL DEATH

[Plead only if patient died — Against All Defendants]

39. Plaintiff incorporates by reference each of the foregoing paragraphs as if fully set forth herein.

40. As a direct and proximate result of Defendants' negligence, [DECEDENT NAME] died on [__/__/____].

41. Plaintiff brings this Count pursuant to W.S. §§ 1-38-101 and 1-38-102 as the duly appointed Personal Representative of the Estate of [DECEDENT NAME], for the benefit of the statutory beneficiaries identified in W.S. § 1-38-102(c), namely: [list spouse, children, parents, and any other beneficiaries entitled to recover].

42. The statutory beneficiaries have suffered, and will continue to suffer, pecuniary and non-pecuniary losses including loss of probable future companionship, society, and comfort; loss of support; loss of consortium; mental anguish; and reasonable funeral and burial expenses, all in amounts to be proven at trial.

COUNT V — NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

[Optional — bystander or direct-victim theory]

43. Plaintiff incorporates by reference each of the foregoing paragraphs as if fully set forth herein.

VII. DAMAGES

45. As a direct and proximate result of Defendants' negligence, Plaintiff [or Plaintiff's decedent / minor child] has suffered and will continue to suffer the following damages, all in amounts to be proven at trial:

a. Past and future medical, hospital, surgical, pharmaceutical, rehabilitative, and related health care expenses;

b. Past and future lost wages, lost earning capacity, and loss of household services;

c. Past and future physical pain and suffering;

d. Past and future mental and emotional distress, anguish, humiliation, and embarrassment;

e. Permanent physical impairment, disfigurement, and loss of enjoyment of life;

f. Loss of consortium [if pleaded by spouse];

g. Reasonable funeral and burial expenses [if wrongful death];

h. Pecuniary and non-pecuniary wrongful-death damages under W.S. § 1-38-102 [if applicable]; and

i. Pre-judgment and post-judgment interest as allowed by W.S. § 1-16-102 and W.S. § 1-16-105.

46. Pursuant to Wyoming Constitution Article 10, Section 4, no statutory cap on damages applies to the recovery sought herein against any non-governmental Defendant.

VIII. APPLICATION OF COMPARATIVE FAULT AND SEVERAL LIABILITY

47. Plaintiff was not at fault and did not contribute to the injuries alleged herein. To the extent any Defendant alleges contributory or comparative fault, such allegation is denied. Wyoming follows a modified comparative-fault rule pursuant to W.S. § 1-1-109, under which a plaintiff may recover so long as the plaintiff's percentage of fault does not exceed fifty percent (50%).

48. Pursuant to W.S. § 1-1-109(e), each Defendant is severally liable only for the percentage of fault attributable to that Defendant. Joint and several liability has been abolished under Wyoming law.

IX. JURY DEMAND

49. Plaintiff hereby demands a trial by jury on all issues so triable, pursuant to Wyo. Const. art. 1, § 9 and Wyo. R. Civ. P. 38.

X. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in Plaintiff's favor and against Defendants, jointly to the extent permitted by law and severally as required by W.S. § 1-1-109(e), as follows:

A. For compensatory damages, both economic and noneconomic, in an amount to be determined at trial;

B. For wrongful-death damages under W.S. § 1-38-102 [if applicable];

C. For pre-judgment and post-judgment interest as allowed by law;

D. For costs of suit, including expert witness fees as allowed by law;

E. For such other and further relief as this Court deems just and equitable.

DATED this [____] day of [____________________], [____].

Respectfully submitted,

[____________________________________________]
[ATTORNEY NAME], Wyoming State Bar No. [____________]
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY], Wyoming [ZIP]
Telephone: [(___) ___-____]
Facsimile: [(___) ___-____]
Email: [____________________________________________]

Attorney for Plaintiff

VERIFICATION

STATE OF WYOMING )
) ss.
COUNTY OF [____________] )

I, [PLAINTIFF NAME], being first duly sworn upon oath, depose and state that I am the Plaintiff in the above-captioned action; that I have read the foregoing Complaint; and that the factual allegations therein are true and correct to the best of my knowledge, information, and belief.

[____________________________________________]
[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [____________________], [____].

[____________________________________________]
Notary Public
My commission expires: [__/__/____]

SOURCES AND REFERENCES

• Wyoming Constitution, Article 10, § 4 (no damages-cap provision): https://codes.findlaw.com/wy/wyoming-constitution/wy-const-art-10-sect-4.html
• W.S. § 1-3-107 (statute of limitations for professional/health care services): https://law.justia.com/codes/wyoming/title-1/chapter-3/section-1-3-107/
• W.S. § 1-1-109 (comparative fault and several liability): https://law.justia.com/codes/wyoming/title-1/chapter-1/section-1-1-109/
• W.S. § 1-1-130 (apology statute - inadmissibility of expressions of sympathy): https://law.justia.com/codes/wyoming/title-1/chapter-1/section-1-1-130/
• W.S. §§ 1-38-101, 1-38-102 (wrongful death)
• W.S. §§ 1-39-101 et seq. (Wyoming Governmental Claims Act)
• Kordus v. Montes, 2014 WY 146, 337 P.3d 1138 (SOL unconstitutional as applied to minors)
• Larsen v. Banner Health System, 2003 WY 167, 81 P.3d 196 (NIED standard)
• 2021 Wyo. Sess. Laws ch. 99, § 2 (repealing Medical Review Panel Act effective July 1, 2022)
• Wyoming Rules of Civil Procedure (August 2024): https://www.wyocourts.gov/court-rules/wyoming-rules-of-civil-procedure/