Public-domain · open source
OpenJurist

Wyo. Stat. Ann. § 1-39-110

Liability; health care providers

Known as the Wyoming Governmental Claims Act

The act spans §§ 1-39-101 to 1-39-124 (24 sections).

Applied in 2 court decisions — leading case Susan Elsner, Personal Representative of the Estate of Margaret Wilkey v. Campbell County Hospital District D/B/A the Legacy Living and Rehabilitation Center and Campbell County Hospital District D/B/A Campbell County Health (2025)

Most recently applied in Susan Elsner, Personal Representative of the Estate of Margaret Wilkey v. Campbell County Hospital District D/B/A the Legacy Living and Rehabilitation Center and Campbell County Hospital District D/B/A Campbell County Health (April 2025)

(a) Except for services provided under W.S. 7-11-308, a governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the medical malpractice of health care providers who are employees of the governmental entity, including contract physicians, physician assistants, nurses, optometrists and dentists who are providing a service for state institutions or county jails, while acting within the scope of their duties.

(b) Notwithstanding W.S. 1-39-118(a), for claims under this section against a physician, physician assistant, nurse, optometrist or dentist who is employed by a governmental entity or who is deemed to be a public employee of the state by virtue of a contract pursuant to W.S. 35-31-101 through 35-31-103, based upon an act, error or omission occurring on or after May 1, 1988, the liability of a governmental entity shall not exceed the sum of one million dollars ($1,000,000.00) to any claimant for any number of claims arising out of a single transaction or occurrence nor exceed the sum of one million dollars ($1,000,000.00) for all claims of all claimants arising out of a single transaction or occurrence.

Official source: Wyoming Legislature. Reproduced from public-domain Wyoming statutes; confirm against the official source for the current text. Not legal advice.