A lawsuit filed on April 17, 2025 in the Superior Court of New Jersey by a New Jersey medical malpractice law firm against a forensic psychiatric expert that it had retained for medical malpractice litigation alleges, in part:
“Defendant Goldwaser issued a preliminary expert report dated September 17, 2020, which report was issued prior to discovery in the underlying medical malpractice case and at which time defendant Goldwaser did not have the benefit of all medical records produced through discovery nor the benefit of reviewing the deposition testimony of the plaintiff and the defendants in the case. Within that report, defendant Goldwaser specifically reserved the right to amend his opinions upon receipt of additional information.
Following the close of non-expert discovery in the underlying case, defendant Goldwaser issued a subsequent expert report dated November 28, 2022. Following the production of that report, defendants in the underlying case requested the discovery deposition of defendant Goldwaser, which deposition was scheduled for May 12, 2023.
Prior to scheduling the deposition, defendant Goldwaser demanded advance payment in the amount of $20,000.00 payable directly to him representing his fee for preparation at deposition and attendance at deposition. This fee was in excess of the fees set forth in the contract attached as Exhibit “A”; however, defendant Goldwaser threatened that he would withdraw as an expert in the case if he were not paid the full amount demanded. At that point, the deadline for production for expert reports had run and therefore, plaintiffs lost the ability to retain another expert and further, in an effort to mitigate damages, paid the fee recognizing that the fees associated with a substitute replacement expert would far exceed the amount extorted by defendant Goldwaser.
Three (3) days prior to the scheduled deposition of May 12, 2023, plaintiff Baldino traveled to defendant Goldwaser’s office for purposes of preparing him for deposition. Notwithstanding the fact that significant payment had been made for preparation, defendant Goldwaser was thoroughly unfamiliar with the file and unprepared. He was unfamiliar with
basic facts of the case, the contents of his expert report, the medical standard of care, and most specifically, standards for suicide assessment and for involuntary commitment of suicidal individuals and was further unfamiliar with relevant guidelines, standards and medical authority (notwithstanding the fact that he had cited same within his expert report).
After hours of “preparation”, on May 9, 2023, defendant Goldwaser conceded that he had not completed the preparation for which he had been paid and assured plaintiff Baldino that over the following two (2) days, he would direct his full attention to the matter so as to be ready for deposition.
On May 12, 2023, defendant Goldwaser appeared late for his deposition. He was met in the parking lot by plaintiff Baldino who found him to be flustered, disoriented and confused.
Rather than immediately start the deposition, plaintiff Baldino took defendant Goldwaser to a private conference room to ensure that he was prepared for deposition. Plaintiff attorney Baldino found defendant Goldwaser to again be thoroughly unprepared. He was confused, disoriented and out of touch with the proceedings before him. He produced a marked up copy of his preliminary report and denied knowledge of his second report. He further denied having reviewed or had familiarity with the depositions taken in the case (notwithstanding the fact that three (3) days earlier, his second, updated report had been discussed with him and the deposition testimony had been reviewed with him).
Defendant Goldwaser spent about a half hour reviewing his thirty-one (31) page final report which he had drafted approximately six (6) months earlier.
Again, out of concern that plaintiff in the underlying action not be permitted to substitute an expert witness after the expert deadline, and partially out of desire to make a record of defendant Goldwaser’s lack of preparation and detachment from reality, attorney Baldino made the decision to proceed with the deposition.
During the deposition (which was terminated early due to defendant Goldwaser’s apparent diminished state and inability to participate), defendant 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 …
As a result of defendants’ breach of contract plaintiffs’ counsel has been required to invest in excess of thirty (30) additional hours time in preparation of the underlying case, consisting of round trip travel time and preparation time with defendant Goldwaser in advance of his failed deposition, round trip travel time in attendance at the failed deposition, written and oral communication with counsel for underlying defendant regarding substitution of plaintiffs’ expert, preparation, review and filing of plaintiffs’ moving papers requesting leave to extend discovery and substitute plaintiffs’ forensic expert, communication with the Expert Institute in pursuit of a replacement forensic expert and further communication with plaintiffs’ substitute forensic psychiatric expert, multiple communications and reviews with plaintiffs’ substitute forensic expert leading to the production of that expert’s report, preparation of plaintiffs’ substituted forensic expert for deposition, attendance at and participation in plaintiffs’ substitute forensic expert for deposition which plaintiffs’ claim thirty (30) hours attorneys fees at a rate of $750.00 per hour for a total of $22,500.00. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, in the amount of $77,825.00, plus interest, costs and all other damages allowed by law.”
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