A hospital is a defendant in a recently filed lawsuit involving a child with seizures...

According to Health Care Risk Management standards supported by ASHRM and the American Hospital Association Certification Center, determining coverage requires careful review of the applicable insurance policies and policy structure. Because the alleged negligence occurred 10 years earlier, the risk manager must first review both the current policy and the policy in effect at the time of the delivery. Coverage depends on the specific policy terms, limits, endorsements, and retroactive dates applicable during the relevant policy period.

It is also critical to determine whether the policy is written on an occurrence or claims-made basis. Under an occurrence policy, coverage is triggered by the date of the incident, regardless of when the claim is filed. Under a claims-made policy, coverage depends on when the claim was reported and whether appropriate tail or extended reporting coverage exists.

Identifying co-defendants’ coverage may be relevant to contribution or indemnification but does not determine the hospital’s own coverage. Discussion with defense counsel may assist in strategy but should follow preliminary internal coverage analysis.

Risk financing objectives emphasize accurate policy review and understanding of trigger mechanisms before executive discussions. Therefore, reviewing the relevant policies and determining policy type are essential first steps.