The law firm’s lawsuit alleges that the expert witness was ‘confused and out of touch’ during deposition.
Trials & Litigation
Expert witness was ‘confused, disoriented and out of touch’ at deposition, law firm’s suit alleges
April 24, 2025, 9:09 am CDT
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 suit alleges that the expert, Dr. Alberto M. Goldwaser – a forensic psychiatry physician – was paid $4,500 for the initial retainer and $20,000 – which was said to exceed 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. The suit seeks $77,825 in damages plus punitive damage. Law.com reported Goldwaser hung-up on its reporter when he called to ask for comment. The Journal left a message on the number listed online of Forensic Psychological Associates in Morristown New Jersey, which is the business that is a defendant. The Journal did not receive a response.
The New Jersey organization is not the same as Forensic Psychological Associates in San Francisco. This was confirmed by Dr. Mark I, the medical director of the California organization. Levy told the Journal via email. Levy told the Journal that Goldwaser was not a member of their organization, despite his practice having a similar name. “I know him professionally, but we have never been affiliated in any practice.”
The case is Sacchetta & Baldino v. Forensic Psychiatric Associates.
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