Open Disclosure

Definition

  • Open discussion with a patient and family about an adverse event that caused harm
  • Guided by the Australian Open Disclosure Framework (ACSQHC)
  • Applies to all adverse events causing harm, including near misses where the patient is aware
  • Part of NSQHS Standard 1 and an expectation of the Medical Board code of conduct

Elements

ElementContent
ApologyA sincere expression of regret, including the word sorry
FactsWhat happened, as known at the time
ConsequencesEffects on the patient and what care follows
PreventionWhat is being done to prevent recurrence
Follow upA named contact and further meetings
  • Apology laws in most states protect an expression of regret from being an admission of liability

Process

  • Initial disclosure early, within about 24 hours
  • Senior clinician leads higher level disclosures
  • Lodge an incident report
  • Document each discussion
  • Support staff involved, who may suffer as second victims
  • Lower level disclosure can happen at the bedside with the treating team
  • Higher level disclosure follows a planned meeting with senior staff and a support person for the patient
  • Avoid speculation and blame
  • Offer practical support such as costs of further treatment where appropriate
  • Provide a written summary after the meeting

Fellowship Examination

  • Disclosure scenarios include wrong site surgery, a retained swab and a missed fracture
  • Examiners look for an early apology, facts, a plan and follow up

Reviewed by Professor Phong Tran, Head of Orthopaedic Surgery, Western Health. Last updated 10 October 2026.