Prepare the open disclosure plan and follow-up letter after an adverse event
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the incident report and the clinical review, draft the open disclosure plan (who attends, what is known, what is not yet known, the support offered) and the follow-up letter to the patient or family recording what was discussed, and flag every sentence that could be read as an admission of fault rather than an apology or a statement of fact.
- What the lawyer must review
- Check the facts stated against the clinical review, decide how far the apology and the description of what happened can go under the apology protection in the relevant jurisdiction, confirm any insurer or indemnifier has been notified as its policy requires, and approve the letter before it is sent.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the incident report and the clinical review, draft the open disclosure plan (who attends, what is known, what is not yet known, the support offered) and the follow-up letter to the patient or family recording what was discussed, and flag every sentence that could be read as an admission of fault rather than an apology or a statement of fact. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the instructions, the jurisdiction and the complete relevant material before starting.
- Check every statement of what happened against the clinical review, and mark what is not yet known as not known.
- Review each flagged sentence for admissions of fault and decide whether it stays.
- Confirm insurer or indemnifier notification requirements before the letter is sent.
- Check the output against the source documents named in it before it is relied on.
Sources
- Australian Commission on Safety and Quality in Health Care: Open disclosure · 2026-10-18
- Civil Liability Act 2002 (NSW) s 69 · 2026-10-18
- Wrongs Act 1958 (Vic) s 14J · 2026-10-18
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.