Wyoming Statutes

Wyo. Stat. § 1-12-601 (2026)

Injury by health care providers; burden of

✓ current as of May 2026

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proof.

     (a) In an action for injury alleging negligence by a
health care provider the plaintiff shall have the burden of
proving:

          (i) If the defendant is certified by a national
certificating board or association, that the defendant failed to
act in accordance with the standard of care adhered to by that
national board or association; or

          (ii) If the defendant is not so certified, that the
defendant failed to act in accordance with the standard of care
adhered to by health care providers in good standing performing
similar health care services.

     (b) In either paragraph (a)(i) or (ii) of this section,
variations in theory of medical practice or localized
circumstances regarding availability of equipment, facilities or
supplies may be shown to contravene proof offered on the
applicable standard of care.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1993–2022 · leading case: Armstrong v. Hrabal, 2004 WY 39 (Wyo. 2004).

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Armstrong v. Hrabal, 2004 WY 39 (Wyo. 2004). · cites it 31× “Wyo. Stat. Ann. § 1-12-601 (LexisNexis 2003); Oakden v.”

Brenda Miller, as Pers. Rep. of the Est. of Connie Rae Scribner, 2014 WY 84 (Wyo. 2014). · cites it 4× “In making this argument, Plaintiff cites to Wyo. Stat. Ann. § 1-12-601 , which sets forth a plaintiff's burden of proof in a medical malpractice action.”

Beavis Ex Rel. Beavis v. Campbell Cnty. Mem'l Hosp., 2001 WY 32 (Wyo. 2001). · cites it 4× “Wyo. Stat. Ann. § 1-12-601 1 also provides support for the standard of care instruction given in this case.”

Pina v. Christensen, 2009 WY 64 (Wyo. 2009). · cites it 4× “Propriety of challenged instruction [19] The jury instruction complained of by the Pifias on appeal states: Wyoming Statute § 1-12-601 provides, in relevant part, that: (a) In an action for injury alleging negli-genee by a health care provider the plaintiff shall have the burden…”

Garnett v. Coyle, 2001 WY 94 (Wyo. 2001). · cites it 2× “§ 1-12-601 (LexisNexis 2001) provides, in part: (a) In an action for injury alleging negligence by a health care provider the plaintiff shall have the burden of proving: (i) If the defendant is certified by a national certificating board or association, that the defendant failed…”

May v. Se. Wyoming Mental Health Ctr., 866 P.2d 732 (Wyo. 1993). “§ 1-39-110 and § 1-12-601 cited by appellants have no application to the facts in this case.”

Poche v. Joubran, 389 F. App'x 768 (10th Cir. 2010). “Joubran contends that Wyo. Stat. § 1-12-601 supplies such a rule of decision.”

Sanchez v. Corizon Health (10th Cir. 2022). “Wyo. Stat. Ann. § 1-12-601 (a)(i)-(ii) (emphasis added).”

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