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Court wrestles with bizarre malpractice case
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Greg Bluestein
Associated Press Writer
Updated: Jul 20, 2011, 11:00 AM
Published: Jul 19, 2011, 8:32 PM

MARIETTA — After a mentally ill Georgia man was charged with stabbing his mother to death amid a psychotic rage, his father took a peculiar step that has so far divided Georgia courts: He filed a medical malpractice lawsuit seeking damages from his son's psychiatrist.

The question of whether a suspected criminal's family can profit from wrongdoing was at the center of this bizarre case, which landed Monday before the Georgia Supreme Court. Judges have been grappling with this prickly issue for years, but lawyers involved said few other cases cut to the heart of the debate like this one.

Victor Bruscato was assigned in 2001 to Dr. Derek Johnson O'Brien's community health center in Gwinnett County, and expert witnesses testified that anti-psychotic drugs had been helping him manage violent tendencies and sexual impulses.

But that changed in May 2002 after O'Brien ordered that two of his powerful medications be discontinued to rule out the possibility that he was developing a dangerous syndrome, according to court records. He began having nightmares and claimed the devil was giving him direct orders to do bad deeds, records show.

The behavior turned violent in August 2002, when police say he smashed his mother Lillian Lynn Bruscato in the head with a battery charger and then stabbed her 72 times. He was charged with the murder months later, but was found incompetent to stand trial and committed to a state mental institution.

His father Vito then sued O'Brien for medical malpractice, claiming that the doctor's negligence caused his son to become psychotic and kill his mother. O'Brien countered that Bruscato's family shouldn't be allowed to bring the lawsuit because of longstanding restrictions barring families involved in potential crimes from profiting from wrongful or illegal conduct.

A judge ruled in the psychiatrist's favor, but a divided state Court of Appeals reversed the decision and allowed the case to go to trial. The state's top court on Monday wrestled with the same issues on Monday, asking pointed questions to attorneys from both sides.

Bruscato attorney William Quinn III said "fundamental fairness" requires the court to allow his client's case to go forward. If the psychiatrist's negligence caused Bruscato to become psychotic and kill his mother,Quinn argued, then he should be entitled to damages.

O'Brien attorney Milton Satcher countered that Bruscato should not be able to shift the blame for killing his mother to his psychiatrist by seeking to recover damages in a civil lawsuit.

Public policy and case law dating back 150 years, he said, makes it clear that "a person should not be able to sue for recovery of such a wrongful and immoral act."

 

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Georgia Motorcycle Safety Program announces grant
Funds earmarked for Share the Road initiatives
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Bryan County News
Updated: Dec 1, 2017, 7:02 PM
Published: Nov 28, 2017, 7:08 PM

Grant funding totaling $93,458 has been awarded to the Georgia Motorcycle Safety Program (GMSP) by the Governor’s Office of Highway Safety. The approved funding will be used to increase motorcycle safety awareness and outreach by encouraging all motorists and motorcyclists to Share the Road.

“The need for motorcycle safety programs is greater than ever, and this support from GOHS enables motorcycle safety programs and impaired riding initiatives to reach riders and non-riders alike” said Commissioner Spencer R. Moore. “Thank you GOHS for helping (the Department of Driver Services) and GMSP educate and encourage all Georgia drivers to ‘Share the Road.’”

The grant allows DDS to further develop the Motorcycle Safety Outreach Program by continuing to fund a position to promote state and national safety initiatives. The GMSP outreach coordinator researches, coordinates and helps maintain an adequate presence at industry events, local schools and colleges, regional meetings and festivals to increase awareness of motorcycles on the roadways and provide the most current information on motorcycle safety initiatives.

Visitors to a GMSP event display are also encouraged to sign up for regular newsletters which provide additional safety information, as well as review the motorcycle safety message on other social media platforms.

GMSP regulates motorcycle training for new riders, as well as seasoned riders, who want to learn how to ride a motorcycle legally and safely. The program is based on a continuum of learning and therefore offers three entry points to rider education.

Students participating in the Basic Riders Course do not need specialized motorcycle equipment, as the GMSP provides both a motorcycle and a helmet to class participants. Upon successful completion of the course, participants receive a 90-day license waiver card that exempts them from both the written and on-cycle skills tests needed to obtain a Class M license in the state of Georgia.

Please visit the DDS website at www.dds.georgia.gov for many online services including the convenience of enrolling in a GMSP training class and accessing many licensing services.

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