Legal Action Against Expert Witness for Lack of Preparedness During Deposition
April 24, 2025, 9:09 am CDT
An expert witness is facing legal challenges after a deposition where he appeared unprepared and confused, raising concerns about his professional competency.
A lawsuit has been filed against forensic psychiatrist Dr. Alberto M. Goldwaser by the law firm Sacchetta & Baldino, representing a medical malpractice client. The legal action claims that Goldwaser was not only unprepared for his deposition but also required an unusually high advance payment of $20,000 prior to attending. This amount exceeds what was agreed upon in the contract.
Background of the Case
The legal complaint, lodged in the New Jersey Superior Court on April 17, 2025, identifies Sacchetta & Baldino and firm partner Gerald B. Baldino Jr. as plaintiffs. The firm had retained Goldwaser for a psychiatric malpractice case concerning a widow whose husband died by suicide following treatment at a medical center.
Allegations of Misconduct
According to the lawsuit, Goldwaser received an initial retainer of $4,500 alongside the aforementioned advance for deposition preparation and attendance, with an additional $30,825 paid to a business linked to him. Although he reviewed pertinent medical records and produced both preliminary and final reports, the suit alleges that he was inadequately familiar with the details during preparation.
Deposition Concerns
During a meeting prior to the deposition, Baldino noted Goldwaser’s lack of familiarity with the case file. Despite assurance from Goldwaser that he would be ready, the deposition witnessed significant issues. Goldwaser arrived late and appeared “flustered, disoriented, and confused,” raising alarms about his capacity to testify effectively.
Throughout the deposition, the expert allegedly exhibited signs of mental incapacity, including confusion and an inability to recall vital details regarding his report and the case’s medical standards. Ultimately, the deposition was cut short due to Goldwaser’s diminished state, hindering any meaningful participation.
Legal Claims and Summary
The lawsuit brings forth claims of breach of contract and fraudulent misrepresentation against Goldwaser, with the plaintiffs seeking $77,825 in damages, alongside punitive damages. As of now, attempts to reach Goldwaser for comment have been unsuccessful, with inquiries met with disconnection.
It is important to note that the business associated with Goldwaser is distinct from another entity bearing a similar name based in San Francisco, confirming no affiliation between the two.
The ongoing case is formally referenced as Sacchetta & Baldino v. Forensic Psychiatric Associates.
