“Nobody Told Me What Happened”: Open Disclosure When Something Goes Wrong in Surgery
Summary
When something goes wrong during surgery or a hospital stay, you have a right to be told. Australia has a national open disclosure framework that sets out what that conversation should include, and NSW law protects apologies so staff can say sorry. This guide is for people who suspect something happened that nobody explained, or who were given a vague or incomplete account. It covers what you should be told, how to ask, and what your records can show.
Quick answer · updated November 2026
Under the Australian Open Disclosure Framework, when you are harmed during care you should get an apology, a factual explanation, a chance to tell your side, and information about what will be done next. In NSW an apology is not an admission of liability, so staff have no legal reason to avoid saying sorry. If nobody has explained what happened, you can ask for an open disclosure meeting and your records.
Open disclosure at a glance
- 1Something goes wrongHarm, or a near miss, during your care.
- 2As soon as possibleAn initial conversation, even before all facts are known.
- 3The conversationAn apology, the facts, your questions, and next steps.
- 4Formal disclosureOne or more meetings for serious harm or if you ask.
- 5AfterwardsWritten summary, your records, and complaint options.
At any stage: if you are unwell now after surgery, get medical care first. See warning signs.
I went in for a routine gallbladder operation. It was meant to be keyhole surgery and home the next day.
I woke up with a long cut down my tummy instead of four little ones. A nurse said the surgeon had “had to convert”. Nobody said why.
I was in hospital for nine days. On day three I was back in theatre. Different doctors came and went. When I asked what had happened, they said the surgeon would talk to me.
The surgeon came once, for about two minutes, and said there had been “some bleeding, all sorted now”. Then I was discharged.
A composite story, drawn from the experiences of many families I have worked with, combined and changed so that no one can be identified. It does not describe any individual client.
If you have a feeling that something happened during your care that nobody properly explained, I want you to know that you are entitled to ask. Wanting to know what happened to your own body is not difficult or litigious. It is a basic right, and Australia’s health system has a framework built around it.
This guide covers what open disclosure is, what you should be told, how to ask for a meeting, what your records can show, and how the law treats apologies.
Why I can write this
I have been a medical negligence lawyer since 2014 and have worked on many hundreds of claims, including many where open disclosure never happened. My doctorate looked at patterns of failure in medical negligence. I am not medically qualified. The clinical facts in this article are checked against named sources, listed in the references, and I explain how I work in our editorial standards.
Start with your question
- What is open disclosure?
- What should I be told if something went wrong?
- Is an apology an admission of liability?
- How do I ask for an open disclosure meeting?
- What will my records show?
- What if the hospital won’t tell me?
- Could this be negligence?
What open disclosure is
The Australian Commission on Safety and Quality in Health Care describes open disclosure as honest, empathetic and timely discussion with a patient and their support people when harm, or potential harm, happens during care. It involves acknowledging what happened, apologising, listening to the patient’s experience, and explaining what happens next.1 The framework was revised in June 2026.1
The Medical Board’s code of conduct also says that when adverse events occur, doctors have a responsibility to be open and honest with their patient, explaining as promptly and fully as possible.2
Definition
Adverse event means harm to a patient that results from health care rather than from their underlying illness.
In plain terms: something that happened because of the treatment, not the condition.
What you should be told
The framework sets out the elements of open disclosure:1
- An apology or expression of regret, including the words “I am sorry” or “we are sorry”.
- A factual explanation of what happened, what is known and unknown, and the likely consequences.
- An opportunity for you to tell your experience, ask questions, and say what outcomes you want.
- An explanation of what is being done to manage the event and prevent it happening again.
- Information and support, including contacts for independent support and complaints.
When it should happen
The initial conversation should happen as soon as possible after harm is recognised, even if not all the facts are known. It can be delayed if you are too unwell, or if you ask. A more formal process, led by a nominated person, should be considered after a death, serious injury or major distress, or if you ask for it.1
Is an apology an admission?
In NSW, an apology made by or for a person about something they are alleged to have caused is not an admission of fault or liability, and evidence of it is not admissible in civil proceedings to prove fault.3 NSW Health’s Clinical Excellence Commission reassures staff of this protection.4 The national framework says there are no medico-legal grounds for avoiding the word “sorry”, as long as staff avoid speculation and blame.1
That protection works both ways. A hospital saying sorry doesn’t mean it accepts it was negligent. And a hospital that won’t say sorry can’t point to legal advice as a reason.
Asking for a meeting
You are entitled to know what happened to you, to bring support people, to have an interpreter, and to access your records.1 You can ask the hospital’s patient liaison or quality team in writing for an open disclosure meeting.
Questions to ask at the meeting
- What exactly happened, and when?
- Was this a known risk, and was it explained to me beforehand?
- When was it recognised, and what was done?
- Has there been a review or investigation, and can I see the findings?
- What does this mean for my health from here?
- Can I have a written summary of this meeting?
Your records
Your records usually include the operation note, anaesthetic record, nursing notes and any return to theatre. A note of an incident report or open disclosure may also appear, although internal review documents are often protected. Our guide to getting your medical records explains how to request them.
If nobody will tell you
If the hospital won’t meet with you or gives only a vague answer, you can make a complaint. In NSW, complaints about care can go to the Health Care Complaints Commission.5 Our guide to complaint or claim explains the options, and our guide to being dismissed by a doctor may help if your concerns were brushed off.
If you are still unwell
Call your surgeon or GP
- Pain that is getting worse
- A red, hot or leaking wound
- Fever
In plain terms: ask to be seen.
Emergency
- Severe tummy pain or swelling
- Breathlessness or chest pain
- Fainting or confusion
In plain terms: go to an emergency department.
Our guides to ongoing pain after abdominal surgery and bowel injury during surgery explain complications that are sometimes not explained.
Six months later I asked for my records. The operation note said the bile duct had been injured and a large blood vessel had been nicked. There was a second operation note from day three about a bile leak.
None of it had been explained to me. I’d been told “some bleeding”.
I wrote to the hospital and asked for an open disclosure meeting. They agreed. The head of surgery said, “I’m sorry this happened and that you weren’t told properly.” It was the first time anyone had said sorry.
My daughter came with me and took notes. Afterwards, in the car park, she said, “Half a year, Mum.” I don’t know yet what I’ll do. But I finally know what happened.
A composite story, drawn from the experiences of many families I have worked with, combined and changed so that no one can be identified. It does not describe any individual client.
What to look for in the records
Your records are often where the story becomes clear. You have a right to access your own health information. In NSW the Health Records and Information Privacy Act 2002 covers both public and private providers, and the Information and Privacy Commission explains how to ask.6 Our step-by-step guide to getting your medical records in Australia walks you through it.
| Record | Why it matters |
|---|---|
| Operation notes | Record what was done, what went wrong and how it was managed. |
| Anaesthetic record | Shows events such as blood loss and blood pressure during surgery. |
| Return to theatre notes | Explain why further surgery was needed. |
| Nursing and progress notes | Show what you were told and when. |
| Discharge summary | Shows what was reported to your GP. |
| Open disclosure summary | A written record of the meeting, if one was held. |
| Your own diary, photos and messages | Notes made at the time are evidence too. Keep them. |
How the law looks at it
A complication is not automatically negligence, and failing to tell you about it does not, on its own, create a compensation claim. But open disclosure often reveals what happened, and that may raise legal questions about the care itself. A lack of disclosure can also be part of a complaint about professional conduct.
A claim usually turns on three questions: whether the care fell below what peers would widely accept as competent practice (section 5O of the Civil Liability Act 2002 (NSW))7, whether that shortfall probably caused harm you wouldn't otherwise have had (Tabet v Gett)8, and, where it matters, whether you were told the material risks first (Rogers v Whitaker)910. Our guide to how a medical negligence claim works explains each one in plain terms.
In a case where something went wrong, the questions might be: was the complication a recognised risk that occurred despite careful surgery, or did the surgery fall below the expected standard? Was it recognised and treated promptly? Were you told about the risk beforehand?
In plain terms, the question is whether careful surgery, or quicker recognition, would probably have avoided or reduced the harm.
For surgery, that would usually include the risks of the complication that happened, and what would be done if it occurred.
Who can claim, and when
The person harmed can claim. If they have died, their family may have a claim. In NSW, time usually runs from when you knew, or ought to have known, enough to claim, not from the treatment itself, and courts can sometimes extend it, so an old injury may still count. See time limits in NSW or other states, and ask early.
More: complaint or claim? · how a claim is paid for · what a claim can cover
In my practice
In many files, the first time a person learns what actually happened is when they read their own operation note, months later. They were told there was “some bleeding” or that the surgeon “had to convert”, without the reason. People often tell me that the not-knowing was as hard as the injury. A proper open disclosure meeting doesn’t always end the matter, but it nearly always helps.
Both things can be true
Your surgeon may have dealt skilfully with a complication and still failed to tell you about it properly. You can be grateful that it was fixed and still want, and deserve, an honest explanation.
The bigger picture
Open disclosure is part of the national safety standards that hospitals are accredited against.1 You can check a practitioner on the Ahpra public register.11 Our surgical errors and hospital negligence page brings together related guides.
Support
You don't have to work through this alone. These services can help:
- Lifeline, 24-hour crisis support: 13 11 14 (listed on healthdirect's helplines page)12
- Beyond Blue, anxiety and depression support: 1300 22 4636
- Medicare Mental Health, help finding mental health support: 1800 595 212
- healthdirect, 24-hour nurse advice: 1800 022 222
- Health Care Complaints Commission (NSW): 1800 043 159
A woman told there was “some bleeding” now knows what happened in theatre, and heard someone say sorry. You deserve that too.
With care,
Rosemary
Frequently asked questions
What is open disclosure?
An honest, timely conversation with you when harm happens during your care, including an apology and an explanation.
Do hospitals have to tell me if something went wrong?
National and professional standards say they should, as promptly and fully as possible.
Is an apology an admission of liability in NSW?
No. Under the Civil Liability Act, an apology is not an admission of fault or liability.
Can I bring someone to an open disclosure meeting?
Yes. You can bring support people and ask for an interpreter.
What if the hospital won’t explain what happened?
Ask for your records and consider a complaint to the Health Care Complaints Commission.
Can I claim because nobody told me?
Not on that alone, but what happened may itself raise a claim.
Not sure what happened in your surgery?
When you're ready, and not before, I can look at what happened and help you understand your options.
Surgical and hospital care guides
- “Nobody told me what happened”: Open disclosure when something goes wrong in surgery (you are here)
- “My oxygen dropped and nobody told me”: When colonoscopy sedation goes wrong
- Hypoxic brain injury during surgery or sedation
- “They said it was a pulled muscle”: Missed blood clots (DVT and PE)
- Sepsis and leg removal: when is that medical negligence?
Part of our guide to surgical errors and hospital negligence. Not sure where you stand? Try the free claim checker.
References
- Australian Commission on Safety and Quality in Health Care. Australian Open Disclosure Framework. June 2026.
- Medical Board of Australia. Good medical practice: a code of conduct for doctors in Australia. October 2020.
- Supreme Court of NSW. Annotated Civil Liability Act 2002: Part 10, Apologies.
- Clinical Excellence Commission (NSW). Apologising and saying sorry.
- Health Care Complaints Commission NSW. Home page.
- Information and Privacy Commission NSW. Fact sheet: Accessing your health information in NSW.
- Civil Liability Act 2002 (NSW) s 5O, Standard of care for professionals.
- Tabet v Gett [2010] HCA 12.
- Rogers v Whitaker [1992] HCA 58; (1992) 175 CLR 479.
- Australian Commission on Safety and Quality in Health Care. Informed consent.
- Australian Health Practitioner Regulation Agency. Register of practitioners.
- healthdirect Australia. Mental health helplines.
Stories in this article are composites, drawn from the experiences of many families I have worked with, combined and changed so that no one can be identified. They do not describe any individual client.
Dr Rosemary Listing, PhD (Law), Medical negligence lawyer since 2014 · Of Counsel, Peter Evans & Associates. Rosemary's doctorate examined patterns of failure in medical negligence, and she teaches health law at the University of Newcastle. She is not medically qualified. About Rosemary.
Last updated: 10 November 2026 · First published: 10 November 2026 · Next review: May 2027
Cite this article: Listing R. “Nobody told me what happened”: Open disclosure when something goes wrong in surgery. Reframe Legal. Published 10 November 2026. https://reframelegal.com/open-disclosure-after-surgery/
This article is general information, not legal or medical advice. It does not create a lawyer–client relationship. Speak to your treating clinicians about your health, and get legal advice about your own situation.
If you are in danger or need urgent medical help, call 000. For crisis support, call Lifeline on 13 11 14.
Legal services are provided by Peter Evans & Associates.
