---
title: "Prepare the open disclosure plan and follow-up letter after an adverse event"
url: "https://ailawframework.com/practice/health-and-medical-law/prepare-the-open-disclosure-plan-and-follow-up-letter-after-an-adverse-e"
type: "task"
site: "AI Law Framework"
id: "A32-T20261018-14"
practice_area: "Health & Medical Law"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Prepare the open disclosure plan and follow-up letter after an adverse event

> 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…

Canonical page: https://ailawframework.com/practice/health-and-medical-law/prepare-the-open-disclosure-plan-and-follow-up-letter-after-an-adverse-e  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Health & Medical Law](https://ailawframework.com/practice/health-and-medical-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Confirm the instructions, the jurisdiction and the complete relevant material before starting.
2. Check every statement of what happened against the clinical review, and mark what is not yet known as not known.
3. Review each flagged sentence for admissions of fault and decide whether it stays.
4. Confirm insurer or indemnifier notification requirements before the letter is sent.
5. Check the output against the source documents named in it before it is relied on.

## Notes

- 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.

## Sources

- [Australian Commission on Safety and Quality in Health Care: Open disclosure](https://www.safetyandquality.gov.au/clinical-topics/open-disclosure) (checked 2026-10-18)
- [Civil Liability Act 2002 (NSW) s 69](http://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s69.html) (checked 2026-10-18)
- [Wrongs Act 1958 (Vic) s 14J](http://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s14j.html) (checked 2026-10-18)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/health-and-medical-law/prepare-the-open-disclosure-plan-and-follow-up-letter-after-an-adverse-e/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*