Is there a limit on how much you can recover in a medical malpractice case against a governmental health care provider in Wyoming? On April 22, 2026, the Wyoming Supreme Court confirmed in Memorial Hospital of Converse County v. Gates that there is indeed such a limit.
It is important to emphasize that there is no limit in a medical malpractice case against a private health care provider in Wyoming. But when a governmental entity commits medical malpractice, the Court clearly recognized that a limit exists.
The Wyoming Supreme Court’s Decision in Gates
The distinction between claims against the government and those against private companies stems from the long-standing principle that one cannot sue the government unless a statute grants the right to do so. When there is such a statute, that statute can also specify a limit on recovery.
In Gates, the Wyoming Supreme Court held that WYO. STAT. ANN. § 1-39-110(b) allows only one million dollars to be recovered against the government in a medical malpractice case.
Important Issues That Remain Open
While the Court’s holding in Gates is clear, several important issues remain:
Claims Against Private Providers Are Different
This rule applies only to claims against a governmental health care provider. It does not limit recovery against a private health care provider.
Insurance Coverage May Change the Analysis
If the health care provider has an insurance policy that provides coverage exceeding the statutory limit, the claimant may be able to recover up to the policy limit. While it would be unusual for a provider to carry more insurance coverage than it is otherwise legally obligated to pay, it is important to determine whether such coverage exists.
Separate Claimants May Have Separate Claims
The statutory limit applies only to recovery by a single claimant. For example, if a woman is injured because of medical malpractice, her husband may have a separate claim for “loss of consortium,” meaning damages for what he has lost in the relationship because of his wife’s injuries. Because that claim belongs to the husband, not the wife, it may be subject to a separate limit in addition to the limit that applies to the injured patient’s claim.
Not Every Case Is a “Medical Malpractice” Case
Not every claim involving a health care provider necessarily falls within the definition of “medical malpractice.” Conduct such as sexual assault by a health care provider, even during medical treatment, or the improper granting of operating privileges by a hospital may fall outside the usual boundaries of medical treatment. Wyoming courts may determine that such claims are not “medical malpractice” claims and therefore are not subject to the rule confirmed in Gates.
As always, each case depends on its own facts and should be carefully analyzed.
What Gates Means for Wyoming Medical Malpractice Claims
The lesson of Gates is straightforward: when a single claimant has a medical malpractice case against a governmental health care provider in Wyoming, recovery is limited to $1 million, unless there is insurance coverage above that amount.
If you have questions about a potential medical malpractice claim in Wyoming, it is important to work with attorneys who understand the distinctions between governmental and private health care providers and the legal issues that can affect recovery.
Contact us to learn more about your legal options.