Loss of chance doctrine abrogated.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0417

HOUSE BILL
NO.
HB0115

Loss of chance doctrine abrogated.

Sponsored by:
Joint Labor, Health and Social Services Interim Committee

A BILL

for

AN ACT relating to civil actions; abrogating the common law doctrine of "loss of chance" as specified; providing legislative findings; specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 1
‑
12
‑
602 is created to read:

1
‑
12
‑
602.

Loss of chance doctrine abrogated; findings.

The Wyoming legislature finds that in those actions founded upon an alleged want of ordinary care or skill, the conduct of the responsible party must be shown to have been the proximate cause of the injury upon which the complaint is based. The legislature also finds that the application of the "loss of chance doctrine" as applied by the Wyoming Supreme Court in
McMackin v. Johnson County Healthcare Center et al.
, 73 P.3d 1094 (Wyo. 2003), improperly alters or eliminates the requirement of proximate causation. Therefore, the loss of chance doctrine is hereby abrogated.

Section 2.
This act applies to causes of action for personal injury or death for which a complaint is initially filed on or after the effective date of this act.

Section 3.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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HB0115