Malpractice suit in Georgia killing can proceed

ATLANTA – Georgia's top court is allowing the family of a man charged with stabbing his mother to death during a psychotic rage to file a medical malpractice lawsuit against his psychiatrist.

The lawsuit claims Dr. Derek Johnson O'Brien committed medical malpractice when he ordered two of Victor Bruscato's medications be discontinued.

The Georgia Supreme Court ruled unanimously on Monday that a jury should decide the lawsuit brought by Bruscato's family in Gwinnett County. The ruling settled a debate about whether the lawsuit should go forward that had divided Georgia courts.

Authorities say Bruscato smashed his mother in the head with a battery charger and then stabbed her 72 times.

O'Brien's attorneys say Bruscato shouldn't shift the blame for the killing to his psychiatrist.