Statutes, codes, and regulations
Wyoming Administrative Code
Agency 015 - Attorney GeneralSubagency 0008 - Medical Review Panel
Chapter 2 - PRESENTATION OF CLAIM AND ANSWER
Section 2-1 - The Claim

015-2 Wyo. Code R. § 2-1

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Current through April 27, 2019
Section 2-1 - The Claim

(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 dociunent 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.

015-2 Wyo. Code R. § 2-1