Trials & Litigation
Expert witness was ‘confused, disoriented and out of touch’ at deposition, law firm’s suit alleges
An expert witness allegedly demanded a $20,000 advance payment before a deposition and then appeared “confused, disoriented and out of touch with the proceedings” when he showed up, according to a lawsuit filed by the law firm that hired him. (Image from Shutterstock)
An expert witness allegedly demanded a $20,000 advance payment before a deposition and then appeared “confused, disoriented and out of touch with the proceedings” when he showed up, according to a lawsuit filed by the law firm that hired him.
Law360 and Law.com covered the April 17 suit, filed in the New Jersey Superior Court in Gloucester County, New Jersey. The plaintiffs are the firm Sacchetta & Baldino, firm partner Gerald B. Baldino Jr. and their medical malpractice client for whom they retained the expert.
The suit claims that the expert, Dr. Alberto M. Goldwaser, a physician specializing in forensic psychiatry, was paid an initial retainer of $4,500 and another $20,000—which was said to be more than specified in the contract—for deposition preparation and attendance. The firm paid another $30,825 to a New Jersey business associated with Goldwaser, according to the suit.
Goldwaser did review medical records and evidentiary materials, and he prepared preliminary and final reports, the suit says.
But when Baldino met with Goldwaser to prepare for the deposition, he was “thoroughly unfamiliar with the file and unprepared,” the suit alleges. Goldwaser assured Baldino, however, that he would be ready for the deposition, the suit says.
But Goldwaser was late to the May 2023 deposition and appeared to be “flustered, disoriented and confused” when Baldino met him in the parking lot, the suit says.
At the deposition, “Goldwaser demonstrated mental disability and incapacity, confusion and complete lack of familiarity with his report, the facts of the case, the testimony of important witnesses, medical/psychiatric standards of care and relevant and applicable medical standards and medical literature,” according to the suit’s allegations.
The deposition ended early “due to defendant Goldwaser’s apparent diminished state and inability to participate,” the suit says.
Sacchetta & Baldino had hired the expert in a psychiatric malpractice suit filed on behalf of a widow whose husband killed himself after his evaluation and treatment at a medical center.
The suit against Goldwaser alleges breach of contract and fraudulent misrepresentation. It seeks damages of $77,825 plus punitive damages.
A person who answered the phone at a number for Goldwaser found online hung up after the ABA Journal asked for comment. Law.com reported that Goldwaser hung up on its reporter who called for comment. The Journal also left a message at a number listed online for Forensic Psychiatric Associates in Morristown, New Jersey—the business that is a suit defendant. There was no immediate response.
The New Jersey business is not the same organization as Forensic Psychiatric Associates based in San Francisco, the California organization’s medical director, Dr. Mark I. Levy, told the Journal in an email.
“Dr. Goldwaser has never been a member of our organization, even though his practice has a similar title,” Levy said. “I know him professionally, but we have never been affiliated in any practice.”
The case is Sacchetta & Baldino v. Forensic Psychiatric Associates.
Write a letter to the editor, share a story tip or update, or report an error.
