---
title: "Open disclosure follow-up letter after an adverse event (health service)"
url: "https://ailawframework.com/precedents/health-and-medical-law/open-disclosure-letter"
type: "precedent"
site: "AI Law Framework"
id: "a32-open-disclosure-letter"
area_id: "A32"
kind: "letter"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Open disclosure follow-up letter after an adverse event (health service)

> Plain-language letter from a health service to a patient or family after an open disclosure meeting: an apology, the known facts, what is being reviewed, support offered and next steps, drafted with apology laws and…

Canonical page: https://ailawframework.com/precedents/health-and-medical-law/open-disclosure-letter  
Law stated as at: 2026-10-17

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

Plain-language letter from a health service to a patient or family after an open disclosure meeting: an apology, the known facts, what is being reviewed, support offered and next steps, drafted with apology laws and insurer obligations in mind.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Health & Medical Law](https://ailawframework.com/precedents/health-and-medical-law.md)
- Jurisdictions: Australia, New South Wales, Victoria
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 5 authorities it cites, for Australia, New South Wales and Victoria.

## When to use it

Use after an open disclosure conversation following an adverse event, when the health service writes to confirm what was discussed. Settle it with the clinical team, risk manager and insurer. In Victoria, check whether the statutory duty of candour requires a specific process and timing.

## How AI may be used

AI may help draft an empathetic, plain-language letter from facts the clinical team has confirmed, but wording that could be read as an admission of liability must be checked against the apology provisions and the insurer's requirements.

**AI may:**

- Draft plain-language wording from the confirmed facts and the meeting notes.
- Check readability and suggest simpler words for medical terms.
- Flag statements that go beyond the confirmed facts or speculate on cause.

**AI must not:**

- Must not state causes, findings or blame that the clinical review has not confirmed.
- Must not be given the patient's records or identity in a tool not approved for health information.
- Must not produce the final letter without review by the clinician who led the disclosure.

**The lawyer checks:**

- Every fact is confirmed by the treating team and records.
- The apology wording is within the protection of the relevant state's apology law, and the insurer has been consulted.
- Any statutory duty of candour steps (Victoria) are met.
- Contact person, support and complaint options are correct.

## Authorities

- [Australian Commission on Safety and Quality in Health Care, Australian Open Disclosure Framework 2026](https://www.safetyandquality.gov.au/clinical-topics/open-disclosure)
- [Civil Liability Act 2002 (NSW) ss 67-69 (apologies)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2002-022)
- [Health Services Act 1988 (Vic) (statutory duty of candour for serious adverse patient safety events)](https://www.legislation.vic.gov.au/in-force/acts/health-services-act-1988)
- [Health Records and Information Privacy Act 2002 (NSW) Sch 1 HPP 7](https://legislation.nsw.gov.au/view/html/inforce/current/act-2002-071)
- [Health Care Complaints Act 1993 (NSW)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1993-105)

## Official form

[Official form](https://www.safetyandquality.gov.au/clinical-topics/open-disclosure)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/health-and-medical-law/open-disclosure-letter and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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