Professional Liability Blog

In 1976, the Wyoming legislature enacted two statutes that effectively required all persons, including minors, to bring a medical malpractice claim within two years of treatment. The statute of limitations governing medical malpractice claims by minors required suit to be brought by the minor’s eighth birthday or within two years of the alleged act, error, or omission, whichever occurs later. Wyo. Stat. Ann. § 1-3-107. Though the applicable tolling statute would otherwise allow a minor to bring suit within three years after reaching the age of majority, there was a specific carve-out for actions involving the rendition of healthcare services. Wyo. Stat. Ann. § 1-3-114¹.