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Wyoming Statutes

Wyo. Stat. § 1-39-109 (2026)

Liability; medical facilities.

✓ current as of May 2026
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(a) Except as provided in subsection (b) of this section
and except for services provided under W.S. 7-11-308, a
governmental entity is liable for damages resulting from bodily
injury, wrongful death or property damage caused by the
negligence of public employees while acting within the scope of
their duties in the operation of any public hospital or in
providing public outpatient health care.

     (b) The state of Wyoming is solely liable for damages
resulting from, and the sole responsible party for, bodily
injury or wrongful death to a patient treated under the
provisions of W.S. 35-31-101 through 35-31-103 caused by the
negligence of a health care provider or a medical facility while
performing health care services pursuant to a contract to
deliver volunteer health services under W.S. 35-31-101 through
35-31-103.
Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1982–2025 · leading case: McMackin v. Johnson Cnty. Healthcare Ctr., 2004 WY 44 (Wyo. 2004).
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McMackin v. Johnson Cnty. Healthcare Ctr., 2004 WY 44 (Wyo. 2004). · cites it 14× “§ 1-38-101 (LexisNexis 2003) ] and the Wyoming Governmental Claims Act, Wyo. Stat. Ann. §§ 1-39-109 and 110 (LexisNexis 2003).”
Robert J. Craft & Sabrina Craft, individually & as Pers. Rep. of the Est. of Robert James Anderson v. State of Wyoming ex rel., Wyoming Dep't of Health Wyoming State Hosp. Thomas O. Forslund, individually & in his Off. capacity as Dir. of the Wyoming Dep't of Health Richard Dunkley, individually & in his Off. capacity as Adm'r of the Wyoming State Hosp. David Carrington, M.D. Sarah J. Rogers, Ph.D. James Fleenor, PMHNP-BC Martha Mueller, FNP-BC Sara Young, RN Xandrea Vrooman Steve Billman Michael Saxton Lidia Garcia Edgar Hernandez-Bautista Antoinette \Shelby\" Hutcherson Renita Hurdsman Giovanni Cerda Paul Mullenax Bill Sexton Jennifer Schmidt-Arroyo Jennifer Alexander & Spencer Kimble", 2020 WY 70 (Wyo. 2020). · cites it 11× “Applicable exceptions to immunity under the WGCA include Wyo. Stat. Ann. § 1-39-109 and § 110. Section 109(a) provides: 8 (a) Except as provided in subsection (b) of this section, a governmental entity is liable for damages resulting from bodily injury, wrongful death or…”
Wyoming State Hosp. & State of Wyoming v. Mary Romine & Donald Romine, as Guardians & Conservators for & On Behalf of Justina Case, Their Ward, 2021 WY 47 (Wyo. 2021). · cites it 9× “Case’s court-appointed conservators and guardians, filed a complaint against the Hospital under §§ 1-39-109 and 1-39-110 of the Claims Act.”
Jacob Fugle v. Sublette Cnty. Sch. Dist. 9 & Stephen Nelson, 2015 WY 98 (Wyo. 2015). · cites it 4× “§ 1-39-108); and medical facilities (Wyo.Stat.Ann. § 1-39-109). Governmental immunity has also been waived for damages caused by the negligence of government health care providers (Wyo.”
Campbell Cnty. Mem'l Hosp. v. Jaime A. Williams Pfeifle & Josh Pfeifle, 2014 WY 3 (Wyo. 2014). · cites it 4× “- Section 1-39-109 states: A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation of any public hospital or in…”
State v. Stovall, 648 P.2d 543 (Wyo. 1982). · cites it 2× “1981, are unnecessary since they are obviously included within the term "public facilities.”
White v. State, 784 P.2d 1313 (Wyo. 1989). · cites it 2× “1-39-106; an airport, W.S. 1-39-107; a public utility, W.”
Beavis Ex Rel. Beavis v. Campbell Cnty. Mem'l Hosp., 2001 WY 32 (Wyo. 2001). · cites it 2× “See Wyo. Stat. Ann. §§ 1-39-109 & -110 (Lexis 1999).”
State Dep't of Corr. v. Watts, 2008 WY 19 (Wyo. 2008). “For example, § 1-39-109 waives immunity for the “negligence of public employees while acting within the scope of their duties in the operation of any public hospital[.”
Susan Elsner, Pers. Rep. of the Est. of Margaret Wilkey v. Campbell Cnty. Hosp. Dist. D/B/A the Legacy Living & Rehab. Ctr. & Campbell Cnty. Hosp. Dist. D/B/A Campbell Cnty. Health, 2025 WY 37 (Wyo. 2025). · cites it 4× “Wyo. Stat. Ann. § 1-39-109 (a). It also contains an exception for damages resulting from bodily injury, wrongful death, or property damage caused by the medical malpractice of health care providers who are employees of the governmental entity.”
Veile v. Bd. of Cty. Com'rs of Washakie, 860 P.2d 1174 (Wyo. 1993). · cites it 2× “§ 1-39-108; negligent operation of public hospitals, Wyo.Stat. § 1-39-109; negligent performance of health care providers employed by governmental entities, Wyo.”
Weber v. State, 2011 WY 127 (Wyo. 2011). “We distinguished the waiver of immunity for operation of a discrete "building" in § 1-39-106 from waivers of immunity for certain types of facilities, such as "hospitals" in § 1-39-109. We indicated that when the legislature grants immunity for facilities with a specific…”
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