Wyo. Code R. 015-0008-2
Effective Date: 05/15/2014 to Current
Rule Type: Current Rules & Regulations
Reference Number: 015.0008.2.05152014
(a) Prior to the filing of a complaint in any court, all malpractice claims against a HCP shall be filed with and processed by the panel, unless submission to the panel is waived in accordance with W.S.§ 9-2-1519(a), or is subject to a valid arbitration agreement allowed by law.
(b) Claimants shall submit a case for consideration by the panel by filing with the Director a claim in writing and signed by the Claimant or his attorney. Claims may be submitted by mail, fax or electronic media. Service by mail shall be addressed to:
Director Wyoming Medical Review Panel P. O. Box 1507 Casper, Wyoming 82602
(c) The claim shall contain the following, unless the requested information is not applicable:
(i) The Claimant's name, address and telephone number. If a Claimant is represented by counsel, the mailing address, e-mail address, telephone number and fax number of counsel shall also be included.
(ii) The name and address of all HCPs against whom the claim has been filed.
(iii) A description of the injury suffered.
(iv) A statement in reasonable detail of the elements of the HCP's conduct which are believed to constitute a malpractice claim, and the dates the conduct occurred.
(v) A medical record release form, signed by the Claimant, authorizing the panel to obtain access to all HCP records and information pertaining to the claim and, for the purposes of its consideration of this matter only, waiving any privilege as to the contents of those records. Nothing in the statement may in any way be construed as waiving that privilege for any other purpose or in any other context, in or out of court.
(vi) A statement of the proper venue for the hearing.
(vii) The names and addresses of all HCPs having medical records relevant to the claim.
(viii) Any other supplementary information which is readily available to the claimant.
(d) Upon receipt of a claim, the Director shall cause a true copy of the claim and medical release form to be served by registered mail on the HCPs against whom the claim has been filed.
(e) Docketing. The Director shall assign a caption and docket number to each claim. All papers, pleadings, motions, and orders filed thereafter shall contain a reference to the assigned caption and docket number, a brief designation describing the document filed and the name, address, and the telephone number of the person who prepared the document.
(f) Amendment of Claim. The claim may be amended once as a matter of right not less than fourteen (14) days prior to the hearing date. Additional amendments must be approved by the panel. An amended claim may be answered, but an answer is not required to an amended claim until the time of hearing.
(g) Multiple Parties. When a claim is filed against two (2) or more HCPs, the claim against each HCP shall be consolidated for hearing unless by stipulation of all parties or at the discretion of the panel, the claims are heard separately.
(a) The HCP shall answer the claim within sixty (60) days after service of the claim and medical record release form. The answer shall be in writing and contain the following, unless not applicable:
(i) The HCP’s name, address and telephone number. The mailing address, e-mail address and telephone number and fax number of counsel, if any, shall also be included;
(ii) A statement or other pleading specifically admitting or denying the alleged facts stated by the Claimant in the malpractice claim, or, a motion for more definite statement;
(iii) A statement of any other relevant facts;
(iv) A medical records release form authorizing the panel to inspect all records and information pertaining to the claim and under the control of the HCP except those records which are privileged pursuant to W.S. § 35-2-910, W. S. § 35-17-105, and 42 USC 11137(b);
(v) Any other supplementary information which is readily available to the HCP;
(vi) A copy of the Claimant’s medical records in the possession of the HCP. All handwritten materials which are not readily legible shall be transcribed into a printed or typewritten form;
(vii) A statement of the proper venue if there is a disagreement with that put forward by Claimant;
(b) The answer shall be signed by the HCP or his attorney, and filed with the Director. Answers may be submitted by mail, fax or electronic media. Mail should be addressed to:
Director Wyoming Medical Review Panel P. O. Box 1507 Casper, Wyoming 82602
(c) Failure to Answer. Failure of the HCP to timely file an answer to the claim, or if the HCP files a written waiver of the right to appear before the MRP, or if the Director is unable to serve the HCP, the Director shall file an order authorizing the Claimant to immediately pursue the claim in a court of competent jurisdiction.
(a) The Claimant shall, within sixty (60) days following receipt of HCP answer, submit a statement prepared and signed by an expert in the specialty or subspecialty of medical practice at issue, setting forth the basis for the expert’s belief the conduct is believed to constitute a malpractice claim and the evidence currently available to support the expert’s opinion. The Director shall forward a copy of the expert report to the HCP.
(b) Claimant’s failure to file an Expert Report may result in the dismissal of all or part of the Claim.