Vol. 32, No. 4, 10. Wyoming Medical Review Panel.

• Author: By Eric A. Easton

Wyoming Bar Journal

2009.

Vol. 32, No. 4, 10.

Wyoming Medical Review Panel

Wyoming LawyerIssue: August, 2009Wyoming Medical Review PanelBy Eric A. Easton The Wyoming Legislature has debated medical malpractice tort reform for many years. Following approval of Constitutional Amendment, Article 10, § 4 (b)(i) on November 2, 2004, authorizing the Legislature to enact laws requiring alternative dispute resolution or medical panel review before a person files a lawsuit against a health care provider for injury or death, the Legislature enacted the Wyoming Medical Review Panel Act of 2005 as a malpractice pre-screening mechanism. As a result, Wyoming joined eight other states using voluntary or mandatory medical review panels.

The Wyoming Medical Review Panel Act of 2005, W.S. § 9-2-1513 through W.S. §9-2-1523, effective date of July 1, 2005, requires a malpractice claim against a health care provider be filed with the panel before the complaint can be filed in any court. The purpose of the act is to prevent the filing of frivolous lawsuits and to encourage the settlement of well founded malpractice claims.

The 1986 version of the medical review panel, W.S. § 9-2-1501 through 1512, differed in significant ways from the 1986 act. The 1986 act did not require the claimant to provide a statement of an expert witness that the facts complained of constitute malpractice. The health care provider was required to file an answer and the decision of the panel was sent to the health care provider's licensing board. The decision was not admissible in any action. The 1986 act was held unconstitutional by the Wyoming Supreme Court in Hoem v. State, 756 P.2d 780 (Wyo. 1988), as a violation of the equal protection clause of the state constitution.

Procedure

The Attorney General has appointed a director to administer and implement the Act. Rules implementing the Act have been adopted and are available on the Wyoming Attorney General's website and/or the Secretary of State's website.

A Claimant files a medical malpractice claim and a medical information release form with the director. The Claimant is required to file within 60 days a statement prepared and signed by an expert in the specialty of medical practice at issue setting out the basis for the expert's belief that the conduct constitutes malpractice. Filing a claim tolls running of...