§ 1-3-107 — Act, error or omission in rendering professional or health care services

Wyoming § 1-3-107

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 3: LIMITATION OF ACTIONS

Text

(a) A cause of action arising from an act, error or
omission in the rendering of licensed or certified professional
or health care services shall be brought within the greater of
the following times:
(i) Within two (2) years of the date of the alleged
act, error or omission, except that a cause of action may be
instituted not more than two (2) years after discovery of the
alleged act, error or omission, if the claimant can establish
that the alleged act, error or omission was:
(A) Not reasonably discoverable within a two (2)
year period; or
(B) The claimant failed to discover the alleged
act, error or omission within the two (2) year period despite
the exercise of due diligence.
(ii) For injury to the rights of a minor, by his
eighth birthday or within two (2) years of the date of the
alleged act, error or omission, whichever period is greater,
except that a cause of action may be instituted not more than
two (2) years after discovery of the alleged act, error or
omission, if the claimant can establish that the alleged act,
error or omission was:
(A) Not reasonably discoverable within the two
(2) year period; or
(B) That the claimant failed to discover the
alleged act, error or omission within the two (2) year period
despite the exercise of due diligence.
(iii) For injury to the rights of a plaintiff
suffering from a legal disability other than minority, within
one (1) year of the removal of the disability;
(iv) If under paragraph (i) or (ii) of this
subsection, the alleged act, error or omission is discovered
during the second year of the two (2) year period from the date
of the act, error or omission, the period for commencing a
lawsuit shall be extended by six (6) months.
(b) This section applies to all persons regardless of
minority or other legal disability.