Surgical patient brought action against county hospital and others, alleging that she received negligent medical treatment during her hospital stay.
The District Court granted summary judgment in favor of hospital. Patient appealed.
In matters of apparent first impression, the Supreme Court held that:
- Patient’s untimely presentment to county hospital of her notice of claim required dismissal of suit against hospital, and
- Party could not satisfy two-year requirement for presenting notice of claim against governmental entity by substantial compliance.
Surgical patient’s untimely presentment to county hospital of her notice of claim more than two years after the accrual of her claim for negligent medical treatment during her hospital stay failed to strictly comply with the Wyoming Governmental Claims Act (WGCA), requiring the dismissal of the negligence suit against the hospital.