Medical Negligence Workshop: Open Disclosure and Adverse Risk Investigations – Failing or Flourishing?

On Monday, 16 March 2026, our medical negligence lawyers, Bree Knoester, Luca Cherubin and Jo Martino presented a workshop for doctors and medical indemnity insurers on the topic of Open Disclosure and Adverse Risk Investigations – Failing or Flourishing?

The Workshop focused on the transformative impact of open disclosure in healthcare, particularly in the context of adverse event investigations and litigation. The workshop was structured into several sessions, beginning with an introduction by Bree, followed by presentations from Luca and Jo on the foundations and history of open disclosure. Subsequent sessions explored the client experience, the UK system, and the impact of open disclosure on litigation. The event concluded with a discussion and questions.

Key points included the importance of open disclosure in fostering trust and transparency between healthcare providers and patients. Bree shared two personal experiences where open disclosure positively impacted clients’ mental health and improved legal advice. However, the workshop also highlighted challenges, such as the variability in adverse event processes across Australian states and sectors, the tension between open disclosure’s original intent and its integration into risk management, and the potential for poorly conducted disclosure to increase litigation.

Insights were drawn from real-life scenarios, including cases where open disclosure was effective and others where it fell short. For example, in one case, a patient felt betrayed upon discovering that critical information had been omitted during the disclosure process, leading to a loss of trust and delayed legal action. Another case demonstrated how lawyer intervention was necessary to achieve full and open disclosure, which should not be the norm.

The workshop emphasised that open disclosure, when done authentically, can improve mental health outcomes, reduce litigation risk, and provide closure for patients and families. It also explored the legal implications of open disclosure, including the protection of apologies under Australian law and the role of incident reviews in litigation. Participants were encouraged to approach open disclosure as a sincere act of professional care rather than a compliance task, with the goal of ensuring patients feel informed, heard, and respected.

The workshop concluded with a discussion of overseas practices, particularly the UK system, and reinforced the importance of early, honest, and relational communication in open disclosure processes. It aimed to equip attendees with greater confidence in handling these conversations, recognising the human and legal dimensions involved.

What was incredible was the openness of the health practitioners involved to share their own experiences and the collective view that open disclosure, patient and family hopes for it, and the reality of doing it in the midst of what can be an emergency setting and as part of an adverse event investigation. We are very grateful for the opportunity to run this workshop and collaborate with the medical profession.