The Unfolding of a Malpractice Case
The tragedy began with the suicide of Henry E. Williams Jr. shortly after his treatment at Bergen Medical Center. His grieving widow, Jeanine McLean Williams, determined to hold the medical professionals accountable, retained the law firm Sacchetta & Baldino to represent her interests in a medical negligence suit. Recognizing the importance of expert testimony to support the psychiatric malpractice claims, the firm engaged Dr. Alberto M. Goldwaser of Forensic Psychiatric Associates, LLC, a forensic psychiatrist who presented himself as experienced and competent.
Initially, Dr. Goldwaser seemed a solid choice. He promptly provided a preliminary expert report and affidavit of merit, signaling that he understood the complexities involved. However, as the case moved forward, problems began to emerge, indicating severe concerns regarding his readiness and reliability.
Escalating Concerns and Financial Demands
Over the course of the litigation, Dr. Goldwaser was paid substantial sums by Sacchetta & Baldino, totaling more than $50,000 for his services. Payments included multiple retainer fees and report charges:
- Initial retainer of $4,500 in January 2020
- Subsequent payments of $4,500 and $11,700 in 2020
- Additional payments of $4,500 and $10,125 in late 2022
- An extraordinary advance payment of $20,000 demanded by Dr. Goldwaser in March 2023
Notably, the $20,000 payment demanded shortly before his scheduled deposition significantly exceeded the original contractual terms. Dr. Goldwaser threatened withdrawal from the case if the payment was not met, forcing the attorneys' hand, as the deadline for expert substitution had already passed—a clear red flag that raised concerns of potential extortion.
Expert Witness Fails at Deposition
Despite the hefty advance payment intended to secure thorough preparation, Dr. Goldwaser proved shockingly unprepared during a critical pre-deposition meeting just days before his testimony. He was unfamiliar with key details, his own expert reports, basic psychiatric standards, and essential medical literature pertinent to the case. He assured attorney Gerald Baldino that he would address these deficiencies before his deposition.
On the deposition day, the situation worsened dramatically. Dr. Goldwaser arrived late, visibly confused, and profoundly unprepared. Attorney Baldino had to intervene immediately, taking him aside to reassess his preparedness. However, Dr. Goldwaser continued to display alarming signs of confusion, even denying familiarity with his own updated expert reports and relevant case materials he had reviewed days earlier. Ultimately, Baldino was forced to terminate the deposition early to limit further damage to the case.
The Allegations in the Complaint
The plaintiffs have since filed a lawsuit against Dr. Goldwaser and Forensic Psychiatric Associates, alleging:
- Breach of Contract: Plaintiffs allege significant financial and procedural damage due to Dr. Goldwaser’s failure to perform agreed-upon expert services, resulting in the need for substantial additional expenses, time, and a replacement expert witness.
- Third-Party Beneficiary Claim: Jeanine McLean Williams individually and as administratrix alleges damages as a third-party beneficiary due to the breach, highlighting the direct impact of the expert’s failures on her malpractice claim.
- Fraudulent Misrepresentation: The complaint includes serious allegations of fraud, accusing Dr. Goldwaser of intentionally misrepresenting his readiness, capabilities, and time spent in preparation to extort additional fees from plaintiffs.
The plaintiffs seek damages exceeding $77,825, reflecting additional fees, attorney time, and punitive damages for the alleged fraudulent actions.
Lessons Learned: Key Takeaways for Attorneys
- Clear and Detailed Contracts: Ensure that all expert engagements have clear, comprehensive contracts detailing expectations, fees, deliverables, and timelines.
- Regular Monitoring: Continuously evaluate and monitor your expert witness's familiarity with case materials through periodic check-ins and progress reviews.
- Financial Safeguards: Structure payments to align with clear milestones and demonstrated preparation rather than arbitrary demands or threats.
- Thorough Pre-Deposition Preparation: Conduct extensive and rigorous preparation sessions, including mock depositions, to ensure experts are adequately prepared.
- Promptly Address Red Flags: Immediately investigate and address any unusual behavior or financial demands from experts to prevent larger issues from developing.
- Maintain Backup Experts: Keep alternative experts identified and ready in case you need to quickly substitute due to unforeseen circumstances.
- Comprehensive Documentation: Maintain detailed documentation of all interactions, payments, and preparations with experts to protect against and support claims of nonperformance.