Wyo. Stat. » Wyo. Stat. / Title 01 - Civil Procedure / Chapter 39 - GOVERNMENTAL CLAIMS / Article 4 - SPECIFIC PERFORMANCE; ACTIONS FOR
Wyoming Statutes

Wyo. Stat. § 1-39-110 (2026)

Liability; health care providers.

✓ current as of May 2026
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(a) 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 medical
malpractice of health care providers who are employees of the
governmental entity, including contract physicians, physician
assistants, nurses, optometrists and dentists who are providing
a service for state institutions or county jails, while acting
within the scope of their duties.

     (b) Notwithstanding W.S. 1-39-118(a), for claims under
this section against a physician, physician assistant, nurse,
optometrist or dentist who is employed by a governmental entity
or who is deemed to be a public employee of the state by virtue
of a contract pursuant to W.S. 35-31-101 through 35-31-103,
based upon an act, error or omission occurring on or after May
1, 1988, the liability of a governmental entity shall not exceed
the sum of one million dollars ($1,000,000.00) to any claimant
for any number of claims arising out of a single transaction or
occurrence nor exceed the sum of one million dollars
($1,000,000.00) for all claims of all claimants arising out of a
single transaction or occurrence.
Notes of Decisions
Cited in 27 cases (7 in the last 5 years), 1986–2026 · leading case: 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).
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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 29× “Wyo. Stat. Ann. § 1-39-110 7 [¶23] The Hospital argues the district court erred in concluding it had waived its immunity under § 1-39-110.”
McMackin v. Johnson Cnty. Healthcare Ctr., 2004 WY 44 (Wyo. 2004). · cites it 6× “[¶ 12] Wyo. Stat. Ann. § 1-39-110 (Lexis-Nexis 2003) provides: § 1-39-110.”
Wyo. Guardianship Corp. v. Wyo. State Hosp., 428 P.3d 424 (Wyo. 2018). · cites it 4× “" Wyo. Stat. Ann. § 1-39-110 (a) (LexisNexis 2018 Supp.”
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 4× “Rogers was not a “health care provider” as defined by Wyo. Stat. Ann. § 1-39-110 , and therefore no exception to sovereign immunity applied.”
Troyer v. State, Dep't of Health & Soc. Servs., Div. of Vocational Rehab., 722 P.2d 158 (Wyo. 1986). · cites it 6× “Appellant contends that the Claims Act does not bar his action against the division because the health care provider exception of § 1-39-110, W.S.1977, Cum.Supp.1985, applies.”
Jacob Fugle v. Sublette Cnty. Sch. Dist. 9 & Stephen Nelson, 2015 WY 98 (Wyo. 2015). · cites it 2× “Governmental immunity has also been waived for damages caused by the negligence of government health care providers (Wyo. Stat.Ann. § 1-39-110) and peace officers (Wyo.”
Campbell Cnty. Mem'l Hosp. v. Jaime A. Williams Pfeifle & Josh Pfeifle, 2014 WY 3 (Wyo. 2014). · cites it 2× “Wyo. Stat. Ann. § 1-39-110 (a) (LexisNexis 2018) (emphasis added).”
Rigler v. Lampert, 248 F. Supp. 3d 1224 (D. Wyo. 2017). · cites it 2× “( Wyo. Stat. Ann. § 1-39-108 ); 5. negligent operation of public medical facilities.”
Mem'l Hosp. of Sweetwater Cnty. v. Menapace, 404 P.3d 1179 (Wyo. 2017). · cites it 2× “Wyo. Stat. Ann. § 1-39-110 (a) (LexisNexis 2017).”
Stroth v. North Lincoln Cnty. Hosp. Dist., 327 P.3d 121 (Wyo. 2014). · cites it 2× “" Wyo. Stat. Ann. § 1-39-110 (a). [19] Before a suit can be brought against a governmental entity or public employee, however, a claimant must follow certain procedures.”
Matthews v. Wyoming Dep't of Agric., 719 P.2d 216 (Wyo. 1986). · cites it 2× “The balance of that hearing was concerned with the question of whether the State and its officers fell within the statutory exception to immunity provided for health care providers in § 1-39-110, W.S. 1977. The trial court denied the motion to dismiss indicating that, although…”
May v. Se. Wyoming Mental Health Ctr., 866 P.2d 732 (Wyo. 1993). · cites it 2× “Wyo.Stat. § 1-39-110 and § 1-12-601 cited by appellants have no application to the facts in this case.”
Show all 27 citing cases →
— Wyo. Stat. § 1-39-110(a) — 3 cases
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). “Wyo. Stat. Ann. § 1-39-110 7 [¶23] The Hospital argues the district court erred in concluding it had waived its immunity under § 1-39-110.”
Romero v. Schulze, 974 P.2d 959 (Wyo. 1999).
Campbell Cnty. Mem'l Hosp. v. Jaime A. Williams Pfeifle & Josh Pfeifle, 2014 WY 3 (Wyo. 2014).
— Wyo. Stat. § 1-39-110(b) — 1 case
Mem'l Hosp. of Converse Cnty. - Advanced Med., Hometown Care & Jonathan L. Grosdidier, M.D. F.A.C.S. v. Lan (Wyo. 2026).
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