Following the dismissal of the plaintiff's medical malpractice action on summary judgment, the successful defendant physicians and hospital sought their costs on a substantial indemnity scale.
The plaintiff, a self-represented litigant, had alleged a delayed diagnosis of Lyme disease against 35 physicians and the hospital.
The court found that the plaintiff acted unreasonably by ignoring repeated guidance regarding the necessity of expert opinion evidence and by failing to familiarize himself with relevant legal practices.
The court awarded substantial indemnity costs to the defendants, fixing the physicians' costs at $365,095.67 and the hospital's costs at $75,019.11.
