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HB0118

Wyoming House Bill 0118: Abrogation of Loss of Chance Doctrine

Last scannedOct 18, 2026, 2:19 AM

In one sentence

This bill would have limited the ability to sue for lost chances of medical recovery in Wyoming by requiring proof of a 25% or greater loss of chance and adjusting how damages are calculated.

What it does

  • Creates a new law, W.S. 1-12-602, that abrogates the common law doctrine of 'loss of chance' for people who cannot prove they lost a 25% or greater chance of successful treatment.
  • Specifies that if a loss of chance claim is successful, the damages awarded must equal the total damages for the underlying injury or death multiplied by the percentage of the chance for successful treatment that was lost.
  • Applies only to causes of action for personal injury or death where the complaint is initially filed on or after the bill's effective date.
  • States that the act becomes effective immediately upon completion of all acts necessary for a bill to become law under the Wyoming Constitution.

Who it affects

  • People filing civil lawsuits for personal injury or death in Wyoming.
  • Plaintiffs claiming they lost a chance at successful medical treatment due to another party's negligence.

Limits and unknowns

  • The bill did not pass and died in committee on March 4, 2008, so these changes were not enacted into law.
  • The official bill text provided is labeled as a 'Working Draft,' though it includes the final section numbers and text adopted by the House.

Plain language

Terms to know

Loss of chance doctrine
A legal concept allowing a person to sue for the loss of a probability of a better outcome, such as a chance of recovery from an injury.
Abrogated
Cancelled or repealed by law.
Proximate cause
The primary cause of an injury that is legally sufficient to result in liability.

Official record

Sources

Source checked
Official bill pageIntroduced textOfficial digestCurrent bill text

Public statements

Why lawmakers voted

Last checked Aug 8, 9:43 AM

Voted Yes

Why they voted this way

The lawmaker states that their action in bringing the amendment is intended to stand in defense of doctors.

Public statementFloor statement at 1:14:00 Watch the statement
Voted Yes

Why they voted this way

The lawmaker argues the amendment correctly targets the person with the problem by removing doctors and pharmacists from liability, allowing for legal or assessment steps to address drug shopping.

Public statementFloor statement at 1:30:00 Watch the statement

If a lawmaker is not listed, we couldn't find a published reason.

Wyoming roll calls

Recorded votes

3 roll calls

H Passed 3rd Reading 54-6-0-0-02008-02-26 · House54 yes 6 no
Yes
54
No
6
Absent
0
Excused
0
Conflict
0

Yes 54

Alan C JonesH25Allen M JaggiH18Bernadine CraftH17Bill ThompsonH60Colin SimpsonH24Dan DockstaderR · S16David R EdwardsH06David R MillerH55Debbie HammonsH27Deborah AldenH03Del McOmieH54Dn.Doug SamuelsonH07Edward BuchananH04Elaine HarveyH26Esquibel, F.Frank PhilpH34George BagbyH15Jane WarrenH13Jerry IekelH29Jim SlaterH46Kathleen DavisonH20Keith M GingeryH23Kermit C BrownH14Kevin A WhiteH45Lisa A SheppersonH58Lori A MillinH08Lorraine K QuarbergH28Mark SemlekH01Marty A MartinH48, S12Mary A ThroneH11Mary GilmoreH59Mary W HalesH36Matt TeetersH05Michael K MaddenH40Monte OlsenH22Owen PetersenH19Pat ChildersH50Pete JorgensenH16Robert A BrechtelH38Rodney "Pete" AndersonH10Rosie M BergerH51Roy CoheeH35Saundra MeyerH49, S15Stanley L BlakeH39Steve HarshmanR · H37Sue E WallisH52Thomas A LockhartH57Timothy M StubsonH56Timothy P HallinanH32Tom Lubnau IIH31William "Jeb" StewardH47W. Patrick P GogglesH33Zwonitzer

No 6

Amy L EdmondsH12Erin E Mrs. MercerH53Jack D Landon Jr.H30Ken A EsquibelH41Peter S IllowayH42Ross DiercksH02
H10 Recommended Do Pass 7-2-0-0-02008-02-19 · House7 yes 2 no
Yes
7
No
2
Absent
0
Excused
0
Conflict
0

Yes 7

Elaine HarveyH26Jack D Landon Jr.H30Jerry IekelH29Lori A MillinH08Timothy P HallinanH32Tom Lubnau IIH31William "Jeb" StewardH47

No 2

Ken A EsquibelH41Mary W HalesH36
H Introduced and Referred to H10 41-19-0-0-02008-02-13 · House41 yes 19 no
Yes
41
No
19
Absent
0
Excused
0
Conflict
0

Yes 41

Alan C JonesH25Allen M JaggiH18Amy L EdmondsH12Bill ThompsonH60Dan DockstaderR · S16David R EdwardsH06David R MillerH55Debbie HammonsH27Deborah AldenH03Del McOmieH54Doug SamuelsonH07Dv.Elaine HarveyH26Erin E Mrs. MercerH53Frank PhilpH34Jack D Landon Jr.H30Jerry IekelH29Jim SlaterH46Kathleen DavisonH20Lisa A SheppersonH58Lori A MillinH08Lorraine K QuarbergH28Mark SemlekH01Matt TeetersH05Michael K MaddenH40Owen PetersenH19Pat ChildersH50Pete JorgensenH16Peter S IllowayH42Robert A BrechtelH38Rodney "Pete" AndersonH10Roy CoheeH35Saundra MeyerH49, S15Steve HarshmanR · H37Sue E WallisH52Thomas A LockhartH57Timothy M StubsonH56Timothy P HallinanH32Tom Lubnau IIH31William "Jeb" StewardH47W. Patrick P GogglesH33

No 19

Bernadine CraftH17Colin SimpsonH24Dn.Edward BuchananH04Esquibel, F.George BagbyH15Jane WarrenH13Keith M GingeryH23Ken A EsquibelH41Kermit C BrownH14Kevin A WhiteH45Marty A MartinH48, S12Mary A ThroneH11Mary GilmoreH59Mary W HalesH36Monte OlsenH22Rosie M BergerH51Ross DiercksH02Stanley L BlakeH39

Official activity

Bill history

  1. S Died In CommitteeLSO
  2. S Introduced and Referred to S10; No Report Prior to CoW CutoffSenate
  3. S Received for IntroductionSenate
  4. H Passed 3rd ReadingHouse
  5. Amendment FailedHouse
  6. H Laid Back Pursuant to HR 9-3House
  7. H Passed 2nd ReadingHouse
  8. H Passed CoWHouse
  9. H Amendments AdoptedHouse
  10. Amendment AdoptedHouse
  11. H Placed on General FileHouse
  12. H10 Recommended Do PassHouse
  13. H Introduced and Referred to H10House
  14. H Received for IntroductionHouse
  15. Bill Number AssignedLSO

Changes

Amendments

4 stored

HB0118H3001

Failed 3rd reading by STEWARD

HB0118H3002

Withdrawn 3rd reading by ILLOWAY

HB0118HW001

Withdrawn Committee of the Whole by HALLINAN

HB0118HW002

Adopted Committee of the Whole by HALLINAN