Seems to me that a medical explanation could be an affirmative defense 
in a case like this against criminal or motor vehicle charges, since it 
would eliminate the element of willfulness or recklessness. Insanity 
defenses result in people being confined for treatment, not as 
punishment. In the case of a brain tumor, the standard treatment is 
different from that for mental illness.

The person struck by Novak's car could still make a reasonable claim 
for injury compensation against Novak or his insurance policy. And if 
such an incident occurred involving someone who knew he was prone to 
blacking out or otherwise losing situational awareness, but neglected 
to obtain treatment, than that would constitute recklessness.


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