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OtherREGULAR ARTICLE

Contracting for Safety With Patients: Clinical Practice and Forensic Implications

Keelin A. Garvey, Joseph V. Penn, Angela L. Campbell, Christianne Esposito-Smythers and Anthony Spirito
Journal of the American Academy of Psychiatry and the Law Online September 2009, 37 (3) 363-370;
Keelin A. Garvey
MD
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Joseph V. Penn
MD
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Angela L. Campbell
JD
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Christianne Esposito-Smythers
PhD
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Anthony Spirito
PhD
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Abstract

The contract for safety is a procedure used in the management of suicidal patients and has significant patient care, risk management, and medicolegal implications. We conducted a literature review to assess empirical support for this procedure and reviewed legal cases in which this practice was employed, to examine its effect on outcome. Studies obtained from a PubMed search were reviewed and consisted mainly of opinion-based surveys of clinicians and patients and retrospective reviews. Overall, empirically based evidence to support the use of the contract for safety in any population is very limited, particularly in adolescent populations. A legal review revealed that contracting for safety is never enough to protect against legal liability and may lead to adverse consequences for the clinician and the patient. Contracts should be considered for use only in patients who are deemed capable of giving informed consent and, even in these circumstances, should be used with caution. A contract should never replace a thorough assessment of a patient's suicide risk factors. Further empirical research is needed to determine whether contracting for safety merits consideration as a future component of the suicide risk assessment.

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Journal of the American Academy of Psychiatry and the Law Online: 37 (3)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 37, Issue 3
September 2009
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Contracting for Safety With Patients: Clinical Practice and Forensic Implications
Keelin A. Garvey, Joseph V. Penn, Angela L. Campbell, Christianne Esposito-Smythers, Anthony Spirito
Journal of the American Academy of Psychiatry and the Law Online Sep 2009, 37 (3) 363-370;

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Contracting for Safety With Patients: Clinical Practice and Forensic Implications
Keelin A. Garvey, Joseph V. Penn, Angela L. Campbell, Christianne Esposito-Smythers, Anthony Spirito
Journal of the American Academy of Psychiatry and the Law Online Sep 2009, 37 (3) 363-370;
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    • Abstract
    • History of the Contract for Safety
    • Advantages of the Contract for Safety
    • Empirical Evidence for Use of the Contract for Safety in Adults
    • Use of the Contract for Safety in Adolescents
    • Informed Consent
    • Medicolegal Considerations
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