A cause of action arising from an act, error, or omission in the rendering of licensed or certified professional or health care services shall be brought within the greater of the following times:
I. Within two (2) years of the date of the alleged act, error or omission; except that a cause of action may be instituted not more than two (2) years after discovery of the alleged act, error or omission, if the claimant can establish that the alleged act, error or omission was:
A. Not reasonably discoverable within a two (2) year period; or
B. That the claimant failed to discover the alleged act, error or omission within the two (2) year period despite the exercise of due diligence.
If the alleged act, error or omission is discovered during the second year of the two (2) year period from the date of the act, error or omission, the period for commencing a lawsuit shall be extended by six (6) months.
Edwards v. Fogarty, 962 P.2d 879 (Wyo. 1998). (Where the decedent's own claim was barred by the two-year malpractice statute of limitations, the personal representative had no viable cause of action regardless of whether the wrongful death statute of limitations was construed strictly according to its language or under the continuous treatment rule. The rationale for this rule was that If a viable underlying claim were not necessary, wrongful death actions could be brought several years, even decades, after the negligent act which caused death, and possibly without regard to whether the deceased had already sued and recovered damages during his lifetime.)
Olson v. Campbell County Memorial Hosp., 652 P.2d 1365 (Wyo. 1982). (An action filed on November 12, 1981, alleging malpractice that occurred on November 12, 1979, is not untimely filed, since the date of the negligent act is not included in computing the limitation period.)