Medical Malpractice Statute of Limitations in Wyoming
Last verified 2026-07 · Source: Wyo. Stat. § 1-3-107 ✓ verified · 3 sources
The deadline
2 years
from the date of the alleged act, error or omission, or the date of discovery if it was not reasonably discoverable within the two-year period, under Wyo. Stat. § 1-3-107.
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Under Wyo. Stat. § 1-3-107, you have 2 years from the date of the alleged act, error or omission, or the date of discovery if it was not reasonably discoverable within the two-year period to file a medical malpractice claim in Wyoming. Miss it and you lose the right to sue — but several Wyoming-specific exceptions can extend (or shorten) that window, detailed below.
Wyoming Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | Wyo. Stat. § 1-3-107 |
| Car Accident | 4 yrs | Wyo. Stat. § 1-3-105(a)(iv)(C) |
| Credit Card Debt | 8 yrs | Wyo. Stat. 1-3-105(a)(ii) |
| Wrongful Death | 2 yrs | Wyo. Stat. § 1-38-102 |
| Personal Injury | 4 yrs | Wyo. Stat. § 1-3-105(a)(iv)(C) |
| Dog Bite | 4 yrs | Wyo. Stat. § 1-3-105(a)(iv)(C) |
| Slip and Fall | 4 yrs | Wyo. Stat. Ann. § 1-3-105(a)(iv)(C) |
| Defamation | 1 yr | Wyo. Stat. Ann. § 1-3-105(a)(v)(A) |
| Breach of Contract | 10 yrs | Wyo. Stat. § 1-3-105 |
| Medical Debt | 10 yrs | Wyo. Stat. § 1-3-105(a)(i) |
When the Clock Starts
In Wyoming, the limitations period for medical malpractice claims generally begins on the date of the alleged act, error or omission, or the date of discovery if it was not reasonably discoverable within the two-year period. Wyoming recognizes a discovery rule for this claim type: Suit must be filed within 2 years of the act, error or omission; if not reasonably discoverable within that period, within 2 years of discovery, and a discovery occurring during the second year adds a 6-month extension. Wyoming has no separate statute of repose.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Claims against a governmental entity (e.g., a county or state public hospital) require a presuit itemized, signed claim under the Wyoming Governmental Claims Act (Wyo. Stat. § 1-39-113), presented within 2 years of the alleged act.
Wyoming's mandatory presuit medical review panel (former Wyo. Stat. § 9-2-1518) was repealed effective July 1, 2022, so no panel screening is now required; Article 10 § 4 of the state constitution bars any cap on damages.
Source: Wyo. Stat. § 1-3-107, official Wyoming statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Wyoming government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Wyoming Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Wyoming | 2 years | Wyo. Stat. § 1-3-107 |
| Montana | 2 yrs | Mont. Code Ann. § 27-2-205 |
| South Dakota | 2 yrs | SDCL § 15-2-14.1 |
| Nebraska | 2 yrs | Neb. Rev. Stat. § 44-2828 |
| Colorado | 2 yrs | C.R.S. § 13-80-102.5 |
| Utah | 2 yrs | Utah Code § 78B-3-404 |
| Idaho | 2 yrs | Idaho Code § 5-219(4) |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Wyoming?
You have 2 years from the date of the alleged act, error or omission, or the date of discovery if it was not reasonably discoverable within the two-year period, under Wyo. Stat. § 1-3-107.
Can I still sue after 2 years in Wyoming?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Wyoming?
Yes. Suit must be filed within 2 years of the act, error or omission; if not reasonably discoverable within that period, within 2 years of discovery, and a discovery occurring during the second year adds a 6-month extension. Wyoming has no separate statute of repose.
What if the victim was a minor?
Wyoming generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Claims against a governmental entity (e.g., a county or state public hospital) require a presuit itemized, signed claim under the Wyoming Governmental Claims Act (Wyo. Stat. § 1-39-113), presented within 2 years of the alleged act.
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Sources
- Official Wyoming Statutes Title 1 (Code of Civil Procedure), § 1-3-107 (Wyoming Legislature LSO)
- Corroborating Wyoming Statutes § 1-3-107 - Justia
- Corroborating Wyoming Medical Malpractice Lawsuit Requirements - Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Wyoming attorney.