Legal aspects of open disclosure: a review of Australian law

David M Studdert and Mark W Richardson
Med J Aust 2010; 193 (5): 273-276.
  • David M Studdert1
  • Mark W Richardson2

  • 1 Melbourne School of Population Health and Melbourne Law School, University of Melbourne, Melbourne, VIC.
  • 2 Aickin Chambers, Melbourne, VIC.



Our study was funded by the Australian Commission on Safety and Quality in Health Care. David Studdert was also supported by an Australian Research Council (ARC) Federation Fellowship. We thank Tamara Vu for excellent research assistance.

Competing interests:

David Studdert is the chief investigator of an ARC linkage grant in which he is partnering with the Health Services Commissioner of Victoria and Avant Mutual to study complaints and claims regarding informed consent. Most of the project costs are met by the ARC, but Avant Mutual also contributes to the project budget. Mark Richardson is a member of the Victorian Bar and provides legal representation and advice to plaintiffs and defendants in a wide range of health-related matters.

  • 1. Studdert DM, Brennan TA. No-fault compensation for medical injuries: the prospect for error prevention. JAMA 2001; 286: 217-223.
  • 2. Gallagher T, Studdert DM, Levinson W. Disclosing harmful medical errors to patients: recent developments and future directions. N Engl J Med 2007; 356: 2713-2719.
  • 3. Lamb RM, Studdert DM, Bohmer RMJ, et al. Hospital disclosure practices: results of a national survey. Health Aff (Millwood) 2003; 22: 73-83.
  • 4. Studdert DM, Piper D, Iedema R. Legal aspects of open disclosure II: attitudes of health professionals — findings from a national survey. Med J Aust 2010. In press.
  • 5. Studdert DM, Mello MM, Gawande AA, et al. Disclosure of medical injury to patients: an improbable risk management strategy. Health Aff (Millwood) 2007; 26: 215-226.
  • 6. Kraman SS, Hamm G. Risk management: extreme honesty may be the best policy. Ann Intern Med 1999; 131: 963-967.
  • 7. Boothman RC, Blackwell AC, Campbell DA Jr, et al. A better approach to medical malpractice claims? The University of Michigan experience. J Health Life Sci Law 2009; 2: 125-159.
  • 8. Quinn RE, Eichler MC. The 3Rs program: the Colorado experience. Clin Obstet Gynecol 2008; 51: 709-718.
  • 9. Kachalia A, Shojania KG, Hofer TP, et al. Does full disclosure of medical errors affect malpractice liability? The jury is still out. Jt Comm J Qual Saf 2003; 29: 503-511.
  • 10. Iedema RAM, Mallock NA, Sorenson RJ, et al. The National Open Disclosure Pilot: evaluation of a policy implementation initiative. Med J Aust 2008; 188: 397-400. <MJA full text>
  • 11. Australian Commission on Safety and Quality in Health Care. Open Disclosure Standard: a national standard for open communication in public and private hospitals, following an adverse event in health care. Canberra: ACSQHC, 2003. (accessed Feb 2009).
  • 12. Health Services (Quality Improvement) Act 1994 (WA), Part 2.
  • 13. Health Care Act 2008 (SA), Part 8.
  • 14. Mental Health and Related Services Act 1998 (NT), ss 145-149.
  • 15. Wu AW, Lipshutz AKM, Pronovost PJ. Effectiveness and efficiency of root cause analysis in medicine. JAMA 2008; 299: 685-687.
  • 16. Health Services Act 1991 (Qld), ss 38G-38ZL.
  • 17. Health Care Act 2008 (SA), ss 68-75.
  • 18. Health Insurance Act 1973 (Cwlth), s 124Y(1), s 124Y(2).
  • 19. Health Services (Quality Improvement) Act 1994 (WA), s 10.


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