Wyoming veterans and military families receive care at VA medical centers throughout the state. If negligent care at any of these government facilities caused you harm, you may pursue compensation under the Federal Tort Claims Act (FTCA). The Archuleta Law Firm has recovered over $145 million for victims of VA and military medical malpractice. Our unique doctor-attorney on staff provides unmatched expertise in evaluating complex medical negligence claims. Request your free case evaluation.
Wyoming VA & Military Malpractice: Key Legal Facts
To sue a VA or military hospital in Wyoming for medical malpractice, you must file an SF-95 administrative claim within 2 years to file an SF-95 administrative claim under the Federal Tort Claims Act (28 U.S.C. § 2401(b)). Wyoming has no medical-malpractice damage cap in effect. Constitution prohibits cap. No state damages cap binds FTCA award.
- FTCA filing deadline (federal)
- 2 years to file an SF-95, then 6 months to sue after denial
- 28 U.S.C. § 2401(b)
- Wyoming med-mal statute of limitations
- 2 years (discovery: Up to 2 years)
- Medical-malpractice damage cap
- No state damage cap
- Wyo. Const. art. 10, § 4
- Does the cap apply to your FTCA award?
- No state cap limits your FTCA recovery
- 28 U.S.C. § 2674
Wyoming state law verified by Dr. Michael Archuleta, MD, JD · Last updated June 2026. Get a free Wyoming case review →
Not legal advice. This is general information only and not a substitute for consultation with an attorney about your specific situation. Laws change and exceptions apply. Contacting the firm does not create an attorney-client relationship. Attorney advertising.
How to File a VA Medical Malpractice Claim in Wyoming
Filing a medical malpractice claim against a VA facility in Wyoming requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here are the essential steps:
Step 1: Document Everything
- Medical Records: Gather all relevant medical records, including treatment notes, test results, and imaging
- Timeline: Create a detailed chronology of medical care and when injuries were discovered
- Witness Information: Collect names and contact details of any witnesses
- Photographs: Document visible injuries, medical devices, or other relevant evidence
- Expenses: Keep receipts for all medical costs, medications, and related expenses
Step 2: Obtain Your VA Medical Records
- Submit SF-95: Request complete medical records through your local VA facility
- Private Records: Gather records from any non-VA providers who treated related conditions
- Response Time: Allow 20 business days for the VA to process your records request
- Review: Carefully examine records for accuracy and completeness
Step 3: File Standard Form 95 (SF-95)
- Completion Requirements: Fill out all sections of SF-95 completely and accurately
- Sum Certain: Specify exact amount of damages being claimed
- Supporting Documents: Attach relevant medical records and evidence
- Submission: Send to VA Office of General Counsel via certified mail
- Deadline: Must file within 2 years of when injury was discovered (28 U.S.C. § 2401(b))
Step 4: Agency Review Period
- Waiting Period: VA has 6 months to investigate and respond
- Investigation: Agency will review records and may request additional information
- Decision Options: Claim may be approved, denied, or settlement offered
- Documentation: Keep copies of all correspondence with the VA
Step 5: Federal Court Lawsuit
- Filing Window: Must file within 6 months of claim denial
- Jurisdiction: File in U.S. District Court for the District of Wyoming
- Legal Representation: Consider retaining an attorney experienced in FTCA claims
- Expert Witnesses: Prepare to meet Wyoming's expert witness requirements
Wyoming FTCA Claims: State Law Considerations
While FTCA claims follow federal law, certain Wyoming state laws may impact your case:
Statute of Limitations
- FTCA Deadline: 2 years from discovery of injury (28 U.S.C. § 2401(b))
- Discovery Rule: Clock starts when injury reasonably should have been discovered
- Administrative Claim: Must file SF-95 before this deadline
- Agency Review: 6-month review period doesn't extend the statute of limitations
Wyoming Damage Caps
- Government Claims: No specific caps under Wyoming law for medical malpractice
- Non-Economic Damages: Wyoming has not enacted caps on pain and suffering
- Punitive Damages: Unavailable in FTCA claims per federal law
- Wrongful Death: No statutory caps under Wyoming law
Expert Witness Requirements
- Qualification Standards: Expert must be actively practicing in same specialty
- Preliminary Review: Written opinion required before filing (WY Stat § 9-2-1519)
- Testimony Requirements: Must establish standard of care and breach
- Local Standard: Wyoming follows national standard of care for specialists
Remember that FTCA claims must first go through the administrative process before filing in federal court. Working with an attorney experienced in both federal FTCA claims and Wyoming medical malpractice law can help navigate these complex requirements effectively.
Were You Harmed at a Wyoming Medical Facility?
If you or a loved one received negligent care at a VA hospital, military base clinic, or any government medical facility in Wyoming, you may be entitled to compensation under the Federal Tort Claims Act (FTCA).
Wyoming Medical Malpractice Cases
We handle these types of claims at Wyoming VA & military facilities
Wyoming Surgical Errors
Wrong-site surgery, retained instruments, post-op complications at Wyoming VA hospitals and military treatment facilities
View Wyoming casesWyoming Misdiagnosis
Delayed or incorrect diagnosis leading to harm at Wyoming VA hospitals and military treatment facilities
View Wyoming casesWyoming Birth Injuries
Delivery negligence, oxygen deprivation, fetal monitoring errors at Wyoming VA hospitals and military treatment facilities
View Wyoming casesWyoming Wrongful Death
Fatal medical errors and negligent care at Wyoming VA hospitals and military treatment facilities
View Wyoming casesWyoming Brain & Head Injury
TBI, stroke misdiagnosis, neurological negligence at Wyoming VA hospitals and military treatment facilities
View Wyoming casesWyoming Spinal Cord Injury
Paralysis from surgical errors or delayed treatment at Wyoming VA hospitals and military treatment facilities
View Wyoming casesWyoming Medication Errors
Wrong drug, wrong dosage, and dangerous drug interactions at Wyoming VA hospitals and military treatment facilities
View Wyoming casesWyoming Emergency Room Errors
Delayed triage, missed diagnoses, and negligent ER care at Wyoming VA hospitals and military treatment facilities
View Wyoming casesWyoming Medical Facilities
16 VA hospitals, clinics, and military treatment facilities
Cheyenne Medical Center
Sheridan Medical Center
90th Medical Group
Francis E. Warren Air Force Base
Afton Clinic
Evanston Clinic
Gillette Clinic
Newcastle Clinic
Rawlins Clinic
Riverton Clinic
Rock Springs Clinic
Worland Clinic
Don't Wait to Get Help
FTCA claims have strict deadlines. If you experienced medical malpractice at anyWyoming government medical facility, contact us today for a free, confidential case evaluation.
Common Questions About Wyoming VA Claims
What are the statute of limitations for military medical malpractice claims in Wyoming?
Under the Federal Tort Claims Act, you must file an administrative claim (Standard Form 95) within two years of discovering your injury. If the VA mails you a written denial, you have six months from the date it is mailed to file a federal lawsuit (28 U.S.C. § 2401(b)). If the VA simply does not respond, no six-month deadline starts — you may treat the claim as denied and file suit at any time after the six months have passed (28 U.S.C. § 2675(a)). Wyoming state law may also affect certain aspects of your case, including the discovery rule interpretation. Contact our firm for a detailed analysis of your specific situation.
How do I file a medical malpractice claim against a Wyoming VA hospital?
To file an FTCA claim against a Wyoming VA facility, you must first submit Standard Form 95 (SF-95) to the VA Regional Counsel's office. The form requires specific details about your injury, the negligent act, and a "sum certain" dollar amount for your claim. Our attorneys can guide you through this complex process. Learn more on our SF-95 guide page.
Can you sue a military hospital for medical malpractice in Wyoming?
Yes, military families and dependents can file FTCA claims against military treatment facilities in Wyoming for medical negligence. This includes birth injuries, surgical errors, misdiagnosis, and other forms of malpractice. The process is similar to VA claims but requires filing with the appropriate military branch's claims office.
What damages can I recover in a Wyoming VA malpractice case?
FTCA claims may recover economic damages (medical expenses, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress). Punitive damages are not available under the FTCA. Wyoming state law regarding damage caps may influence your case, so it's important to consult with an experienced FTCA attorney.