Liability and risk management in outpatient psychotherapy supervision

Supervision of outpatient psychiatry residents plays the dual role of protecting the public by monitoring care and improving the educational experience of residents. The responsibility of supervisors may leave them vulnerable to liability under several legal theories. They may be vicariously liable for residents' negligence or may be directly liable for their own negligence in supervision or administration. Plaintiffs may bring claims alleging both vicarious and direct liability. There are particular risks with respect to residents' misconduct and liability to third parties, such as victims of a dangerous patient. Many of these legal issues are unsettled and may not apply to all situations. The authors discuss various risk-management techniques supervisors can use to mitigate risk.