Stroth v. North Lincoln County Hospital District
327 P.3d 121
Wyo.2014Background
- Appellant Holly Stroth, as personal representative of decedent Gary Stroth, sued Star Valley Medical Center, Town of Thayne, and Thayne Ambulance Service for wrongful death alleging hospital staff negligence.
- The district court dismissed for failure to file a WGCA notice within two years, and the dismissal was affirmed on appeal.
- Appellant filed a notice of claim with the Medical Review Panel (MRP) on July 6, 2011; the panel waived further proceedings on September 9, 2011.
- Appellant later filed a WGCA notice on October 11, 2012 and an additional MRP notice on October 12, 2012; the complaint was filed October 15, 2012.
- The alleged acts occurred September 23, 2010, with subsequent treatment at Star Valley Medical Center and transfer to Eastern Idaho Regional Medical Center; the complaint asserted negligence by hospital staff and ambulance personnel leading to death.
- The issue is whether the MRP Act tolls the WGCA two-year notice period or whether the continuous-treatment doctrine or decedent’s capacity alter timeliness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the MRP Act toll the WGCA two-year notice period? | Stroth contends § 9-2-1518 tolls the WGCA period. | Hospital and others argue tolling does not apply to WGCA notice of claim. | MRP tolling does not apply to WGCA notice of claim. |
| Does the continuous-treatment doctrine extend the WGCA notice period? | Stroth argues continuous treatment extended the limitations period. | Defendants contend no continuing treatment facts support extension. | No extension; continuous-treatment doctrine not applicable. |
Key Cases Cited
- Sinclair v. City of Gillette, 270 P.3d 644 (Wyoming 2012) (statutory interpretation and review standard for WGCA; avoid expanding provisions.)
- Krenning v. Heart Mountain Irrigation Dist., 200 P.3d 774 (Wyoming 2009) (determin es legislative intent; immunity waivers limited to express provisions.)
- Walters v. State ex rel. Wyo. DOT, 300 P.3d 879 (Wyoming 2013) (omission of words is considered intentional; WGCA interpretation guidance.)
- Nobles v. Mem'l Hosp. of Laramie County, 301 P.3d 517 (Wyoming 2013) (defines continuous treatment doctrine for tolling.)
- Metzger v. Kalke, 709 P.2d 414 (Wyoming 1985) (early articulation of continuous treatment concept.)
- Rawlinson v. Cheyenne Bd. of Pub. Utils., 17 P.3d 13 (Wyoming 2001) (failure to file timely claim under WGCA constitutes absolute bar.)