Wyoming Pre-Suit Notice and Demand to Health Care Provider (Wyoming has NO statutory notice-of-intent requirement; the Medical Review Panel was repealed effective July 1, 2022)

PRE-SUIT NOTICE OF MEDICAL NEGLIGENCE CLAIM, LITIGATION HOLD, AND DEMAND FOR RECORDS

[LAW FIRM LETTERHEAD]

[__/__/____]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED
AND VIA EMAIL (where address available)

[PROVIDER FULL LEGAL NAME], [M.D. / D.O. / Other]
[FACILITY / PROFESSIONAL CORPORATION NAME]
[STREET ADDRESS]
[CITY], Wyoming [ZIP]
Email: [____________________________________________]

[REGISTERED AGENT FOR SERVICE — for entity defendants:]
[REGISTERED AGENT NAME]
[REGISTERED AGENT ADDRESS]

Re: Pre-Suit Notice of Medical Negligence Claim, Litigation Hold, and Demand for Records
Patient: [PATIENT FULL LEGAL NAME]
Date(s) of Birth: [__/__/____]
Date(s) of Treatment / Alleged Negligence: [__/__/____] through [__/__/____]
Medical Record Number(s): [____________________]

Dear [DR. ____________________ / [FACILITY NAME] Risk Management]:

This firm represents [CLIENT FULL LEGAL NAME] [individually / as Personal Representative of the Estate of [DECEDENT NAME] / as parent and next friend of [MINOR INITIALS]] in connection with a contemplated medical negligence claim arising from the medical and surgical care rendered to [PATIENT NAME] by you and your agents, employees, and entities at [FACILITY NAME] on or about [__/__/____]. This letter constitutes formal pre-suit notice of that claim and serves the additional purposes set forth below.

I. CONFIRMATION THAT NO STATUTORY PRE-SUIT REQUIREMENT IS BEING INVOKED

Wyoming does not impose a statutory notice-of-intent-to-sue requirement on non-governmental medical malpractice claims. The Wyoming Medical Review Panel Act, W.S. §§ 9-2-1513 through 9-2-1523, which formerly required pre-suit panel review, was repealed by 2021 Wyoming Session Laws, Chapter 99, § 2, effective July 1, 2022. Accordingly, this letter is provided as a courtesy and as a litigation-management tool — not as compliance with any precondition to suit — and the absence of any response shall not be deemed a waiver of any of our client's rights, nor shall any tolling of the W.S. § 1-3-107 limitations period be presumed by reason of this correspondence.

[If governmental health care provider: Separate notice of claim has been or will be served pursuant to W.S. § 1-39-113. This letter does not substitute for that notice.]

II. BRIEF SUMMARY OF THE FACTUAL BASIS FOR THE CLAIM

On or about [__/__/____], [PATIENT NAME] presented to [FACILITY/PROVIDER] for [describe presenting complaint]. Pertinent events include:

• [__/__/____] — [Event 1: e.g., evaluation, vital signs, lab values, imaging];
• [__/__/____] — [Event 2: e.g., procedure performed, complication, decision point];
• [__/__/____] — [Event 3: e.g., readmission, additional surgery, definitive injury];
• [__/__/____] — [Event 4: e.g., outcome, sequelae, current condition].

The contemplated claim is that you and/or your agents and employees breached the standard of care applicable to similarly situated [specialty] practitioners by, inter alia: [list 2–5 specific breaches]. These breaches were a direct and proximate cause of the following injuries to [PATIENT NAME]: [list injuries — e.g., extended hospitalization, additional surgery, permanent organ damage, disability, death].

III. POTENTIAL DEFENDANTS AND CLAIMS

The contemplated civil action will be brought in the District Court of [____________________] County, Wyoming, and may name as defendants:

• [PROVIDER NAME], [M.D./D.O./other];
• [PROFESSIONAL CORPORATION / GROUP PRACTICE];
• [HOSPITAL / FACILITY];
• [Other identifiable agents, employees, and entities, plus John/Jane Does].

Anticipated counts include:

☐ Medical Negligence (against individual provider);

☐ Institutional/Corporate Negligence and Respondeat Superior (against facility);

☐ Lack of Informed Consent;

☐ Wrongful Death pursuant to W.S. §§ 1-38-101 and 1-38-102 [if applicable];

☐ Negligent Infliction of Emotional Distress [where applicable].

IV. PRESERVATION OF EVIDENCE / LITIGATION HOLD

You and each of your agents, employees, custodians, and affiliated entities are hereby on formal notice to preserve all documents, things, and electronically stored information ("ESI") relating to the care of [PATIENT NAME], including without limitation:

☐ The complete medical record (EMR/EHR audit logs, metadata, version history, deletions, addenda, and amendments);

☐ All imaging in original DICOM format with full metadata (CT, MRI, X-ray, ultrasound, fluoroscopy, etc.);

☐ Pathology specimens, slides, and reports;

☐ Operative reports, anesthesia records, intra-operative monitoring, and circulating-nurse notes;

☐ Nursing notes, vital-sign flow sheets, electronic medication administration records (eMAR), and infusion pump logs;

☐ Telemetry, fetal-monitoring strips, and continuous-monitoring data in native form;

☐ Communications among treating providers (text, page, email, secure messaging);

☐ Incident reports, root-cause analyses, peer-review records (subject to applicable privilege assertions), and risk-management files;

☐ Credentialing, privileging, and personnel files of involved providers;

☐ Equipment maintenance, calibration, and recall records for any device used in the patient's care;

☐ Surveillance video covering the patient's care areas during the relevant period;

☐ Policies, procedures, protocols, order sets, and standing orders in effect at the time of the events;

☐ Education and training records relevant to the procedures and conditions at issue.

Routine destruction, alteration, or modification of any of the foregoing is to be suspended immediately. Spoliation of any such evidence may give rise to evidentiary sanctions and adverse inferences under Wyoming law.

V. DEMAND FOR HIPAA-COMPLIANT MEDICAL RECORDS

Pursuant to 45 C.F.R. § 164.524 and W.S. §§ 35-2-606 through 35-2-617, please produce, within thirty (30) days of receipt of this letter, the complete certified medical record for [PATIENT NAME], including the categories enumerated in Section IV. A signed HIPAA-compliant authorization is enclosed. We request the records in electronic form on encrypted media or via secure portal, with all metadata, audit trails, and embedded objects intact.

VI. STATUTE-OF-LIMITATIONS NOTICE AND POSITION

The applicable Wyoming statute of limitations is W.S. § 1-3-107, which generally requires that a cause of action arising from an act, error, or omission in rendering professional or health care services be filed within two (2) years of the date of the alleged act, error, or omission, subject to the discovery rule and a six-month second-year extension as provided therein. Our calculated outside bar date is [__/__/____], subject to revision based on records review. [If minor: Tolling considerations under Kordus v. Montes, 2014 WY 146, 337 P.3d 1138, also apply.] Filing this pre-suit letter does not toll, extend, or modify any limitations period.

VII. WYOMING-SPECIFIC LEGAL FRAMEWORK

For the recipient's reference, the contemplated litigation will be governed by, inter alia:

☐ Wyoming Constitution, Article 10, § 4 — "No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person." There is no statutory cap on either economic or noneconomic damages in non-governmental Wyoming medical malpractice cases.

☐ W.S. § 1-1-109 — Wyoming follows a 50% modified comparative-fault rule; joint and several liability has been abolished; each defendant is severally liable only for the percentage of fault attributable to that defendant.

☐ W.S. § 1-1-130 — Statements, gestures, and conduct expressing apology, sympathy, condolence, or general benevolence by a health care provider regarding an unanticipated outcome are inadmissible as evidence of liability or admissions against interest. Both sides should be aware of the statutory inadmissibility before any settlement-oriented dialogue.

☐ W.S. § 1-3-107 — Statute of limitations as discussed in Section VI.

☐ 2021 Wyo. Sess. Laws ch. 99, § 2 — Repealing the Medical Review Panel Act effective July 1, 2022; no pre-suit panel review is required.

VIII. DEMAND AND OFFER OF PRE-SUIT RESOLUTION

Without waiving any rights and reserving all damages, our client is willing to consider pre-suit resolution of this matter on terms that fairly compensate [him / her / them / the Estate / the minor] for the past and future medical expenses, lost wages and earning capacity, pain and suffering, mental anguish, permanent impairment, [wrongful-death damages,] and other recoverable losses caused by the negligence summarized above.

We invite you and/or your liability carrier to:

1. Acknowledge receipt of this letter within fourteen (14) days;

2. Confirm preservation of the items listed in Section IV;

3. Identify, by name and contact information, the representative or carrier authorized to discuss resolution; and

4. Produce the demanded records within thirty (30) days.

If we have not received a meaningful response within forty-five (45) days of the date of this letter, our client is prepared to proceed with the filing of a Complaint in the District Court of [____________________] County, Wyoming, without further notice.

IX. CONFIDENTIALITY AND ADMISSIBILITY

This letter is delivered as a settlement communication and pre-suit demand. To the extent applicable, communications generated in response shall be treated under Wyoming Rule of Evidence 408 and W.S. § 1-1-130. Nothing in this letter constitutes an admission, waiver, or limitation of any claim, theory, fact, or remedy.

X. CONTACT INFORMATION

All correspondence regarding this matter should be directed to the undersigned. Please do not contact our client directly.

Sincerely,

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

Attorney for [CLIENT NAME]

Enclosures:

☐ HIPAA-compliant medical records authorization signed by [PATIENT/PERSONAL REPRESENTATIVE]

☐ Letters Testamentary / of Administration (if Estate)

☐ Court order appointing guardian/conservator (if minor or incapacitated)

☐ Designation of personal representative for HIPAA purposes

cc (if appropriate):

☐ Risk Management, [FACILITY NAME]

☐ [Liability Carrier], Attn: Claims

☐ Wyoming Board of Medicine [if Board complaint contemplated — not required for civil suit]

CERTIFICATE OF SERVICE / MAILING

I, [ATTORNEY NAME OR PARALEGAL], hereby certify that on the [____] day of [____________________], [____], a true and correct copy of the foregoing Pre-Suit Notice of Medical Negligence Claim, Litigation Hold, and Demand for Records was served via certified mail, return receipt requested, postage prepaid, and via email where indicated, on the following:

[List recipients with addresses]

[____________________________________________]
[NAME / TITLE]

SOURCES AND REFERENCES

• W.S. § 1-3-107 (statute of limitations): 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): https://law.justia.com/codes/wyoming/title-1/chapter-1/section-1-1-130/
• W.S. §§ 9-2-1513 to 9-2-1523 (Medical Review Panel Act, repealed effective July 1, 2022): https://law.justia.com/codes/wyoming/2018/title-9/chapter-2/article-15/
• 2021 Wyo. Sess. Laws ch. 99, § 2 (repeal)
• W.S. §§ 1-39-113, 1-39-114 (Wyoming Governmental Claims Act notice and SOL)
• Wyo. Const. art. 10, § 4 (no damages cap): https://codes.findlaw.com/wy/wyoming-constitution/wy-const-art-10-sect-4.html
• Kordus v. Montes, 2014 WY 146, 337 P.3d 1138
• 45 C.F.R. § 164.524 (HIPAA right of access)