Vito v. Inman

George R. Vito, a podiatrist, performed a surgical procedure known as “limb lengthening” on several patients. Mark Inman, an attorney, sued Vito on behalf of one such patient, Sabih Kalidy, who alleged Vito committed negligence per se and medical malpractice in connection with the procedure. That case was settled. Inman also filed a negligence and malpractice action against Vito’s professional corporation, The Foot and Leg Centers of Georgia, P. C., on behalf of a patient named Watson. Inman then began representing another client, Ghurjit Dhillon, on whom Vito had performed the same procedure.1 In preparing to file Dhillon’s suit, Inman made two telephone calls to Aldo Cecena, a patient of Vito’s, hoping to get information relevant to the Dhillon case. When no one answered the phone, Inman left the following two messages on Cecena’s answering machine.

Message one: Yes, my name is Mark Inman. I’m a lawyer in Atlanta, Georgia, and I represent several patients suing a doctor by the name of George Vito, who is a podiatrist in Macon, Georgia. It is my understanding that a Mr. patient’s name, ah, received treatment by Dr. Vito and I was calling to see if you would be willing to speak with me regarding the care that he received. I apologize if this is the wrong number, but I could not find a listing for patient’s name and am merely calling a patient’s last name listings sic in California. So, if this is the wrong number, again, I apologize. However, if this is Mr. patient’s name, if you wouldn’t mind calling, and again, my name is Mark Inman, I’m a lawyer in Atlanta representing several patients suing Dr. Vito. My phone number is 404-524-9455. Thank you very much. Message two: