Vito J. Bruscato, in his capacity as the guardian of Victor Bruscato, appeals from the order of Superior Court of DeKalb County, which granted summary judgment to Victor Bruscato’s psychiatrist, Derek Johnson O’Brien, M. D., in this medical malpractice case.1 The superior court concluded that Bruscato’s malpractice claims were barred either by the application of the “impact rule” or on public policy grounds. For the following reasons, we reverse. To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. On appeal of a grant of summary judgment, this Court reviews the evidence de novo to determine whether a genuine issue of material fact exists or whether the movant is entitled to judgment as a matter of law. Citations omitted. Boggs v. Bosley Medical Institute, Inc. , 228 Ga. App. 598, 599 492 SE2d 264 1997. So viewed, the record reveals the following. O’Brien began treating Victor Bruscato, a then 38-year-old, mentally-ill patient with a history of violence, in January 2001. O’Brien reviewed Bruscato’s treatment records, which revealed that Bruscato’s mental illness manifested in childhood and that he had been diagnosed over the course of his life with mental retardation, organic mood disorder, pervasive developmental disorder, schizophrenia, a non-specified psychotic disorder, pedophilia, and intermittent explosive disorder. Bruscato had expressed homicidal thoughts toward his parents, and he had physically assaulted them and others, including a hospital employee and a young girl. He had also experienced auditory hallucinations that commanded him to kill people or to molest girls.
When O’Brien began treating Bruscato, Bruscato had been living with his parents for almost two years. Before that, he had been living in a group home operated by the Gwinnett Rockdale Newton Community Service Board “CSB”, but he had been removed from the home because of the risk that he might sexually assault a girl. Bruscato’s expert witness opined that his elderly parents were ill-equipped to manage a severely mentally-ill adult and were “strong-armed” into taking him home. While at home, Bruscato continued receiving outpatient treatment from the CSB. Bruscato’s expert witness opined that the medications the CSB staff administered to Bruscato controlled his violent behavior and sexual impulses. O’Brien knew that, because Bruscato was potentially dangerous, the CSB required his parents to monitor him continuously.
