Georgia Man to sue psychiatrist after killing mom Doctor took him off medication before attack

By Pat Murphy The Daily Record Newswire BOSTON --The general legal rule is that one cannot profit from his own wrongdoing. But the Georgia Supreme Court last week recognized an exception to the rule, allowing a mentally ill man who brutally killed his mother to sue his psychiatrist for medical malpractice. On Aug. 15, 2002, Victor Bruscato crushed 66-year-old Lyn Bruscato's head with a battery charger and then stabbed her 72 times at his parents' Norcross home. After killing his mother, Bruscato said that the devil had told him to do it. Although, charged with murder, a Georgia court found him incompetent to stand trial and he was committed to a state mental hospital. Bruscato was 38 years old at the time he killed his mother and under the treatment of a psychiatrist, Dr. Derek O'Brien. O'Brien was treating Bruscato for a laundry list of mental problems. Over the course of his life, doctors had diagnosed Bruscato with mental retardation, organic mood disorder, pervasive developmental disorder, schizophrenia, a nonspecified psychotic disorder, pedophilia, and intermittent explosive disorder. Bruscato also experienced auditory hallucinations that commanded him to kill people or to molest girls. Of particular concern was the fact Bruscato had expressed homicidal thoughts toward his parents, whom he lived with. His violent history included assaults on a hospital employee and a young girl, in addition to physical attacks on his elderly parents. Bruscato took Zyprexa to control his violent behavior. In late May 2002 -- less than three months before Bruscato killed his mother -- Dr. O'Brien allegedly took his patient off Zyprexa. According to court records, Dr. O'Brien wanted Bruscato off Zyprexa and certain other medications temporarily in order to determine whether he was developing some other form of mental illness. On July 22, O'Brien met with Bruscato briefly and decided to keep him off Zyprexa. That may have been a tragic mistake because witnesses claim that Bruscato was becoming increasingly unstable without the Zyprexa. The August 15 killing of Lyn Bruscato had people searching for answers. In particular, Vito Bruscato -- the dead woman's husband and Bruscato's father -- wondered if Dr. O'Brien's treatment decisions weren't the real cause of the tragedy. So Vito, in his capacity as Bruscato's guardian, sued O'Brien for medical malpractice. A state court dismissed the lawsuit on public policy grounds, concluding that Bruscato was a wrongdoer who should not profit from his criminal act. A state court of appeals reversed the trial court's decision. Monday, the Georgia Supreme Court settled the matter by ruling that there was no public policy bar to Bruscato's lawsuit. Published: Mon, Sep 26, 2011