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October 4, 2006

Clinical Performance Measures and Medical Malpractice—Reply

Author Affiliations

Letters Section Editor: Robert M. Golub, MD, Senior Editor.

JAMA. 2006;296(13):1589-1590. doi:10.1001/jama.296.13.1589-b

In Reply: We analyzed the “inculpatory” potential of PCPA data—that is, the likelihood that such data may be used against physicians in malpractice litigation. Based on an analysis of the law of evidence, we concluded that this is unlikely. Dr Luft raises the possibility of “exculpatory” uses. Could physicians deploy their own PCPA data to defend against malpractice claims? For proponents of PCPA, particularly those working to overcome physician resistance to these measures, Luft's notion is a hopeful one. However, the law is not on his side.