Morris + Stoltz + Evans LLP

Michael Hodgins

[email protected]

Direct line: 289.497.6614

Michael’s practice is dedicated to representing patients and families affected by medical negligence. He acts for individuals who have suffered serious injuries as a result of medical errors, including birth injuries, spinal cord injuries, delayed or missed diagnoses of stroke, surgical negligence, ophthalmological negligence, misdiagnosed infections, and pediatric injuries.

Before joining Morris + Stoltz LLP, Michael articled at Lerners LLP, where he assisted with the defence of physicians facing medical malpractice lawsuits and regulatory complaints. He then practised in the area of plaintiff-side personal injury litigation, including medical malpractice and other catastrophic injury claims, before choosing to dedicate his practice exclusively to medical negligence. This broad litigation experience, combined with his focused medical negligence practice, enables him to effectively advocate for patients and families navigating complex claims.

Michael has appeared before the Ontario Court of Appeal, the Superior Court of Justice, the Divisional Court, the Ontario Court of Justice, the Licence Appeal Tribunal, and the Criminal Injuries Compensation Board. He has acted as both lead counsel and second chair at trials before the Superior Court of Justice.

Michael is the former Chair of the Medical Malpractice Section of the Ontario Trial Lawyers Association (OTLA) and currently serves on OTLA’s Board of Directors. In these roles, he has contributed to important policy discussions affecting patient rights and healthcare accountability, including submissions to the College of Physicians and Surgeons of Ontario regarding informed consent, the delegation of controlled acts, and the secure transfer of patient information when physicians close their practices. Michael is also a member of The Advocates’ Society and serves on its Young Advocates Standing Committee, which represents and supports lawyers within their first 10 years of call.

• HIGHLIGHTED CASES

  • Sean Omar Henry v. Dr. Marshall Zaitlen, 2024 ONCA 243 & 2024 ONCA 614: Successful at the Court of Appeal in upholding the jury’s verdict of negligence, causation, and damages in a medical malpractice trial that had been decided in the patient’s favour.
    Also successful in overturning the Trial Judge’s decision imposing a lower pre-judgment interest rate on general (pain & suffering) damages.
  • Henry v. Zaitlen, 2022 ONSC 7259 & 2022 ONSC 2718: Successful at trial against a defendant neurologist in a case involving the misdiagnosis of an arterial-venous malformation in the spinal cord, causing permanent spinal cord injury. Also successfully opposed the Defendant’s motion to deduct the Plaintiff’s collateral benefits from the Jury’s income loss award.
  • McQueen et al. v MItchell et al, 2022 ONSC 649 [Divisional Court]: Successfully opposed a motion for the production of privileged documents in a medical malpractice case involving an adult who was rendered incapable due to having suffered a stroke.
  • Lari v. Société Air France, 2023 ONSC 5875 (unreported) / 2023 ONSC 1061 (Leave to appeal denied): Successfully opposed a motion to dismiss the claim of an incapable minor who had suffered a hypoxic brain injury under Rule 21 of the Rules of Civil Procedure.
  • Ostojic v. Neufeld, (2024, unreported) CV-20-35: First chair at trial on behalf of an individual suffering chronic pain & radiculopathy after being in a motor vehicle collision.