Wyo. Code R. 015-0008-2
Effective Date: 11/21/2005 to 05/15/2014
Rule Type: Superceded Rules & Regulations
Reference Number: 015.0008.2.11212005
(a) Prior to the filing of a complaint in any court, all malpractice claims against a health care provider shall be filed with and processed by the panel; unless submission to the panel is waived in accordance with W.S. 9-2-1518 (a)(2005) or is subject to a valid arbitration agreement allowed by law.
(b) Claimants shall submit a case for consideration of the panel by service of an application in writing and signed by the claimant or his attorney to the director in accordance with Rule 5, W.R.C.P. Service by mail is preferred and should 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 and telephone and fax number of counsel shall also be included.
(ii) The name and address of the health care provider(s) 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 health care provider’s conduct which are believed to constitute a malpractice claim, the dates the conduct occurred, and the names and addresses of all health care providers having contact with the claimant relevant to the claim and all witnesses.
(v) A medical record release form, signed by the claimant, authorizing the panel to obtain access to all health care provider 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) A list of all witnesses who are to appear before the panel, and the qualifications of expert witnesses who will appear before the panel.
(viii) Any other supplementary information which is readily available to the claimant.
(d) The claimant shall, within sixty (60) days following submission of the claim, submit a statement prepared and signed by an expert in the specialty or subspecialty of medical practice at the 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.
(e) Upon receipt of a claim, the director shall cause a true copy of the claim to be served by registered mail on the health care providers against whom the claim has been filed.
(a) The health care provider shall answer the claim within sixty (60) days after service of the medical record release form. The answer shall be in writing and contain the following, unless not applicable:
(i) The health care provider's name, address and telephone number. The mailing address, e-mail address and telephone and fax number of counsel, if any, shall also be included;
(ii) A statement specifically admitting or denying the alleged facts stated by the claimant in the malpractice claim;
(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 health care provider, except those records which are privileged pursuant to W. S. 35-17-105, W.S. 35-2-910 and 42 USC 11137(b);
(v) Any other supplementary information which is readily available to the health care provider;
(vi) 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;
(viii) A list of all witnesses who will appear before the panel, and the qualifications of expert witnesses who will appear before the panel.
(b) The answer shall be signed by the health care provider or his attorney, and filed with the director in accordance with Rule 5, W.R.C.P. Service by mail is preferred and should be addressed to:
Director Wyoming Medical Review Panel P. O. Box 1507 Casper, Wyoming 82602
Section 3. Amendment and Answer. 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.
Section 4. 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.
Section 5. Initial Scheduling Conference. After the answer is filed, the Director may set the matter for an initial scheduling conference, which shall be conducted by telephone conference call initiated by the Director.
(a) Presence of the claimant and/or Health Care Provider is not required if the Claimant/Health Care Provider is represented by counsel.
(b) The purpose of the initial scheduling conference is to provide a preliminary procedure to identify the primary issues, identify potential conflicts with the Medical Review Panel members, and to set a timetable in which to conduct and set the hearing. The initial scheduling conference shall be conducted in an informal fashion and a record shall be maintained by the Director. After completion of the initial scheduling conference, the director shall issue an order setting the hearing and notice to the parties of deadline to file disclosure statements.
Section 6. Failure to Answer. Failure of the health care provider to timely file an answer to the claim authorizes the claimant to immediately pursue the claim in a court of competent jurisdiction.
Section 7. Multiple Parties. When a claim is filed against two (2) or more health care providers, the claim against each health care provider shall be consolidated for hearing unless by stipulation of all parties or at the discretion of the panel, the claims are heard separately.