DEMAND FOR SETTLEMENT - MEDICAL MALPRACTICE

STATE OF WYOMING

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Wyoming ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Wyoming

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Risk Management / Claims Administrator / Insurance Carrier]
[Hospital / Medical Group / Insurance Company Name]
[Street Address]
[City, State ZIP]

RE: MEDICAL MALPRACTICE CLAIM - SETTLEMENT DEMAND
Patient/Claimant: [Client Full Name]
Date(s) of Negligent Care: [Date or Date Range]
Healthcare Provider(s): [Provider Name(s)]
Facility: [Hospital/Clinic Name]
Claim Number: [If assigned]

Dear [Recipient Name]:

This firm represents [Client Name] in connection with the medical malpractice that occurred during [his/her] care and treatment at [Facility Name] by [Healthcare Provider Name(s)]. This letter constitutes formal notice of our client's claim and our demand for settlement pursuant to Wyoming law governing medical malpractice actions.

I. WYOMING-SPECIFIC LEGAL FRAMEWORK

A. Governing Law

This claim is governed by Wyoming statutes, including Wyo. Stat. Section 1-3-107 (statute of limitations) and the Wyoming Medical Review Panel Act, Wyo. Stat. Section 9-2-1518 et seq.

B. Medical Review Panel (Optional)

Wyoming has a voluntary Medical Review Panel process under Wyo. Stat. Section 9-2-1518 et seq. Either party may request a medical review panel before or during litigation. The panel's findings are admissible in any subsequent court action.

The panel process is optional, not mandatory. We reserve the right to utilize or bypass this process depending on the circumstances.

C. Statute of Limitations and Repose

Statute of Limitations: Under Wyo. Stat. Section 1-3-107(a), actions for medical malpractice must be commenced within two (2) years from the date of the alleged act, error, or omission.

Discovery Rule: Wyoming applies a limited discovery rule. Under Wyo. Stat. Section 1-3-107(a)(i), if the claimant did not discover and could not have reasonably discovered the cause of action, the statute begins to run from the date of discovery. Bredthauer v. TSP, 864 P.2d 442 (Wyo. 1993).

Statute of Repose: The two-year period generally operates as both a limitations period and a repose period, but the discovery rule exception provides relief in appropriate cases.

Foreign Object Exception: An exception applies for foreign objects left in the body, where the limitations period runs from discovery. Wyo. Stat. Section 1-3-107(a)(ii).

Minors: For minors under the age of eight, the action must be commenced within two years of the minor's eighth birthday. Wyo. Stat. Section 1-3-107(a)(iii).

Relevant Dates in This Matter:
- Date(s) of negligent care: [Date(s)]
- Date of discovery: [Date]
- Two-year limitations period expires: [Date]

D. Modified Comparative Fault

Wyoming follows modified comparative fault with a 50% bar. Under Wyo. Stat. Section 1-1-109, a plaintiff may not recover damages if their fault was equal to or greater than the combined fault of all defendants. If the plaintiff's fault is less than 50%, damages are reduced proportionally.

Our investigation has determined that our client was in no way negligent or at fault for the injuries sustained.

E. Standard of Care Under Wyoming Law

Under Wyoming law, a healthcare provider must exercise that degree of care and skill which is expected of a reasonably competent healthcare provider in the same field of practice, acting in the same or similar circumstances. Vasquez v. Dillard, 2016 WY 3.

National Standard: Wyoming generally applies a national standard of care, not a strict locality rule.

F. Expert Witness Requirements

Expert testimony is required in Wyoming to establish the standard of care, its breach, and causation in medical malpractice cases. The expert must:

1. Be qualified by knowledge, skill, experience, training, or education;
2. Be familiar with the applicable standard of care; and
3. Be competent to render opinions on the relevant medical issues.

Vasquez v. Dillard, 2016 WY 3.

Certification: We have retained a qualified medical expert who has reviewed the relevant medical records and has concluded that the applicable standard of care was breached.

G. Damage Caps

Private Healthcare Providers: Wyoming does not impose statutory caps on damages against private healthcare providers in medical malpractice cases.

Governmental Entities: Under Wyo. Stat. Section 1-39-118, claims against governmental entities (including public hospitals) are subject to a $500,000 total cap ($250,000 per person for bodily injury).

H. Informed Consent

Wyoming recognizes informed consent as a basis for medical malpractice liability. A physician must disclose:

1. The nature of the proposed treatment;
2. Material risks and complications;
3. Alternative treatments; and
4. Risks of no treatment.

Roybal v. Bell, 778 P.2d 108 (Wyo. 1989).

The standard is what a reasonable patient would consider material to the decision.

I. Vicarious Liability

Hospital Liability: Wyoming hospitals may be held vicariously liable for the negligence of their employees under respondeat superior.

Apparent Agency: Wyoming recognizes apparent agency liability when patients reasonably believe physicians are hospital employees.

J. Loss of Chance Doctrine

Wyoming has not definitively adopted the loss of chance doctrine. Traditional causation principles generally apply, requiring proof that the defendant's negligence more likely than not caused the harm.

K. Res Ipsa Loquitur

Wyoming recognizes res ipsa loquitur in appropriate medical malpractice cases where the injury is of a kind that does not ordinarily occur without negligence, the instrumentality was under the defendant's exclusive control, and the plaintiff did not contribute to the injury. Brown v. Sears, Roebuck & Co., 667 P.2d 750 (Wyo. 1983).

L. Governmental Immunity

Wyoming Governmental Claims Act: Claims against the State of Wyoming and its political subdivisions are governed by the Wyoming Governmental Claims Act, Wyo. Stat. Section 1-39-101 et seq.

Damage Caps: $250,000 per person for bodily injury; $500,000 total per occurrence. Wyo. Stat. Section 1-39-118.

Notice Requirements: Claims against governmental entities must be presented within two years. Wyo. Stat. Section 1-39-113.

II. PRESERVATION OF EVIDENCE - LITIGATION HOLD

YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE relating to the care and treatment of [Client Name], including but not limited to:

• Complete medical records (paper and electronic)
• All versions of electronic medical records (including audit trails)
• Nursing notes, medication administration records, and flow sheets
• All diagnostic imaging studies and reports
• Laboratory results and pathology reports
• Operative reports and anesthesia records
• Consultation notes
• Informed consent documents
• Incident/occurrence reports
• Peer review materials (to the extent discoverable)
• Policies, procedures, and protocols in effect at the time of treatment
• Credentialing files for involved healthcare providers
• Staffing records and schedules
• Equipment maintenance records
• Any recorded statements

Modification, destruction, or concealment of any records will result in claims for spoliation, sanctions, and adverse inference instructions under Wyoming law. Countrywide Home Loans, Inc. v. Thitchener, 2015 WY 97.

III. FACTUAL BACKGROUND

A. Patient History and Presentation

[Client Name], a [age]-year-old [male/female], presented to [Facility/Provider] on [Date] with [chief complaint/reason for visit]:

Relevant Medical History:
- [Relevant past medical history]
- [Relevant surgical history]
- [Current medications]
- [Allergies]

Presenting Symptoms:
- [Symptom 1]
- [Symptom 2]
- [Symptom 3]

B. Chronology of Negligent Care

[Date/Time]: [Describe what occurred]

[Date/Time]: [Describe what occurred]

[Date/Time]: [Describe what occurred]

C. The Medical Error(s)

[Describe specifically what the healthcare provider(s) did wrong]

D. Discovery of Malpractice

Our client [did not discover / could not have reasonably discovered] the malpractice until [Date], when [describe discovery circumstances].

IV. STANDARD OF CARE VIOLATIONS

A. Applicable Standard of Care

Under Wyoming law, [Defendant Healthcare Provider] was required to exercise that degree of care and skill expected of a reasonably competent healthcare provider in the same field of practice, acting in the same or similar circumstances.

Based on our expert's analysis, the applicable standard of care required [Defendant] to:

1. [Standard 1]
2. [Standard 2]
3. [Standard 3]

B. Breaches of the Standard of Care

Breach 1: [Detailed description of breach]

Breach 2: [Detailed description of breach]

Breach 3: [Detailed description of breach]

C. Expert Opinion

We have retained [Expert Name, M.D.], a board-certified [Specialty] physician licensed in [State] with [number] years of experience. [Dr./Expert Name] has concluded, to a reasonable degree of medical probability, that:

1. [Defendant Provider] breached the applicable standard of care;
2. These breaches were a proximate cause of [Client Name]'s injuries; and
3. Had appropriate care been rendered, [describe avoided outcome].

V. CAUSATION

A. Factual and Proximate Causation

But for the defendant's breach of the standard of care, our client would not have suffered the injuries described herein. Under Wyoming law, the plaintiff must prove that the defendant's negligence was a proximate cause of the injury. Amos v. Aspen Alps 123, LLC, 2012 WY 65.

VI. DAMAGES

A. Physical Injuries

As a direct and proximate result of the defendant's medical negligence, our client has suffered:

Primary Injuries:
- [Injury 1]
- [Injury 2]
- [Injury 3]

Current Medical Status:
[Describe current condition and prognosis]

B. Medical Expenses

Past Medical Expenses:

Future Medical Expenses: $[Amount]

C. Lost Earnings

D. Non-Economic Damages

• Physical pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Permanent disability/disfigurement
• Loss of consortium (spouse's claim)
• Emotional distress

E. Summary of Damages

VII. SETTLEMENT DEMAND

Based upon the clear breach of the standard of care, the severity of our client's injuries, and the substantial damages incurred, we hereby demand:

$[DEMAND AMOUNT]

This demand will remain open for thirty (30) days from the date of this letter, expiring at 5:00 p.m. Mountain Time on [Expiration Date].

VIII. RESPONSE AND ADDITIONAL INFORMATION REQUESTED

Please provide:

1. All professional liability insurance policies applicable to this claim
2. Policy limits for each applicable policy
3. Any self-insured retention amounts
4. Excess/umbrella coverage information
5. Hospital liability coverage (if applicable)

IX. DOCUMENTATION ENCLOSED

• Medical records supporting the claim
• Medical bills and itemized statements
• Employment and wage documentation
• Expert curriculum vitae
• Photographs (if applicable)
• HIPAA authorizations

X. CONCLUSION

This case presents clear medical negligence that caused significant harm to our client. We are prepared to litigate this matter through trial in the District Court of [County] County, Wyoming if necessary.

We note that Wyoming's voluntary Medical Review Panel process is available, and we may consider requesting panel review depending on the circumstances. However, we believe early resolution through direct settlement serves all parties' interests.

Please respond by the deadline stated above.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Wyoming State Bar No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

WYOMING MEDICAL MALPRACTICE PRACTICE NOTES

• No Damage Caps (Private Providers): Wyoming does not cap damages against private healthcare providers.

• Governmental Claims Act: $500,000 total cap; $250,000 per person for claims against governmental entities.

• Modified Comparative Fault: 50% bar - plaintiff cannot recover if equal to or more at fault than defendants.

• 2-Year Statute of Limitations: Runs from act or discovery - important to determine which applies.

• Medical Review Panel (Optional): Either party may request panel review; findings are admissible.

• No Certificate of Merit: Wyoming does not require a certificate of merit at filing.

• National Standard of Care: Wyoming generally applies a national, not local, standard.

• Loss of Chance Not Adopted: Traditional causation principles apply.

• Venue: Proper venue is the county where the defendant resides or where the cause of action arose. Wyo. R. Civ. P. 4.

• Expert Required: Expert testimony required to establish standard of care in most cases.

This template is specific to Wyoming law. Wyoming has unique features including an optional Medical Review Panel and no damage caps against private providers. Always verify current law and consult with qualified Wyoming medical malpractice counsel.