Help to make a claim for medical negligence

Updated: 28 Jan 2025

From day one of your membership, you and your family are entitled to legal support if you need to make a claim for medical negligence. It’s part of the Oddfellows’ Legal Aid Scheme benefit* and provides a trusted route to expert support.

What is medical negligence?

Medical negligence is when a healthcare provider – NHS or private – has failed in their duty to take care of you and you have suffered an injury. This could be, for example, that you’ve been given a wrong drug, they’ve made a mistake during a treatment, or failed to diagnose your condition, or made a wrong one.

Headshot of Matthew Heap from CL Medilaw “Some people get in touch with us and they know the exact point at which they feel they’ve been failed. For others, it’s less clear-cut, but they know that somewhere along the line, the care they’ve received has fallen short of medically-acceptable standards,” said Matthew Heap, Solicitor and Partner at CL Medilaw (pictured).

“Knowing how to raise your case, and to be heard, can be daunting when you don’t know the process, have the contacts, or legal knowledge. But the support that’s available through the Oddfellows’ Legal Aid Scheme can help you to get the answers you need and, hopefully, the compensation you deserve.”

Who can make a claim?

You can bring the legal action yourself or, as the executor or next of kin, on behalf of someone who has died because of medical negligence, or on behalf of a family member if that person is unable to take action themselves because they don’t have capacity.

Oddfellows members and their family can receive Legal Aid Scheme support as long as the accident, incident or issue happened while you were a member and you have remained a member since that time.

Woman hugging a male patient in a hospital bed

It starts with a conversation

Head of the Oddfellows’ Care Department, Mary Atkinson, said: “If you’re suffering as a result of negligent medical treatment, you’re no doubt feeling very stressed. When you’ve important decisions to make, or you’ve actions to take, then this makes it all the more difficult to face.

“The Oddfellows believes that you should always have someone to turn to in times like these. We hope that there’s immediate comfort in knowing that you can come to us and we can put you in touch with a team of solicitors that we trust will look after you and your interests.”

Mary continued: “The first step in exploring a case would be to have a non-committal conversation with us on the Care and Welfare Helpline. If you wish to move forward, we’ll send you an Oddfellows Legal Aid application form to fill in and put you in touch with CL Medilaw who can advise you on the best next steps.”

CL Medilaw is also happy to provide a second opinion. Added Matthew: “We’ve acted for many clients who have been told that they don’t have a case, but by looking at the claim in a different way and with our expertise, we have gone on to be successful.”

“If you’ve already made or started to make a complaint through the NHS complaint procedure, then that’s fine. We can talk to you about where you are with that in our initial conversation.”

No win, no fee

“Understandably, people are concerned about the cost of taking legal action,” said Matthew. “They don’t need to worry about this. Cases can be on a no win, no fee basis, which means that if you don’t win, you will not be expected to pay a penny. If your case is successful, then legal and insurance costs, which will be kept to a minimum, will be deducted from any awarded compensation.”

Mary added: “If it’s highlighted that you’ll need some initial investigations to take place before the legal team can make a decision regarding the viability of the claim, the costs associated with this can be covered by the Scheme.”

Timings are critical

You must start your legal claim within three years from the date that you either realised you’d been injured or when the incident occurred.

For children, this three-year time limit doesn’t start until the child’s 18th birthday.

If you’re looking to make a claim on behalf of someone close to you because they don’t have capacity, such as they’re unable to manage their own affairs or have a mental disability, then the three year time limit doesn’t apply, unless they recover from this incapacity.

Securing the support you need

“Some people don’t want to ‘make a fuss’ or feel that they just want it all to go away because they feel so beaten down or don’t have the energy to mount a case,” explained Matthew.

“My response to them is that if you have been left injured because of a lack of duty of care, then it’s likely that you will need help to recover or cope, such as the covering any loss of earnings, adapting your home, or receiving money to pay for on-going treatment or care.

“Taking legal action for compensation is a way to try and secure the support that you now need and deserve – financial or medical. And we and the Oddfellows will have your back every step of the way.”

About CL Medilaw

Medical negligence specialists, CL Medilaw has worked alongside the Society since 2017 and has already helped around 30 members. This has included assistance with complaints and investigating the prospects of a successful claim for compensation, as well as achieving successful outcomes.

Explained Matthew: “At CL Medilaw, we recognise that our clients’ needs and the approach and relationships they want are different. We are a leading national team dealing with medical negligence and serious injury cases, as well as providing the other services our client community needs, such as help with education needs and the Court of Protection.

“We’re passionate about the difference we make to the lives of our clients and their families – so we have built it into our name to remind us that it's who we are, what we do and how we remember why we do it. CL stands for Changing Lives.”

How to apply for the Oddfellows' Legal Aid Scheme

If you're an Oddfellows member and you'd like to make a claim for medical negligence, the first step is to call the Care and Welfare Helpline for a non-committal conversation. If you wish to move forward, you’ll need to fill in an Oddfellows Legal Aid application form.