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Dismissal of Medical Malpractice Case Upheld on Appeal

Monty Barnett Edit 1 New

Monty Barnett obtained an Order of Dismissal in a medical malpractice case brought against a medical laboratory by a patient that claimed that a breath test administered on him by the laboratory was carried out in a negligent manner. The case was brought by a veteran firefighter who was fired after the breath test conducted on him by the laboratory indicated the presence of alcohol. The plaintiff argued that the negligent manner in which the breath test was carried out resulted in a false positive. In a case of first impression, Mr. Barnett successfully argued that the two year statute of limitation applicable to medical malpractice actions also applied to medical laboratories. On appeal, the Wyoming Supreme Court affirmed the trial court’s dismissal of the action, finding that the alleged negligent act, error or omission, occurred more than two years before the plaintiff brought his action against the laboratory.