Epsom and St Helier NHS Trust is still paying out millions in damages and legal fees for medical blunders dating back two decades.

Analysis from the BBC Local News Partnership has found the Trust has come 12 out of 258 in the UK for the amount it has paid out for historical mistakes- more than £4 million of tax payers’ money.

Nationally, the Department of Health (DoH) has paid out £152 million to victims of mistakes made before April 1995.

Historical hospital failings during childbirth account for 71 per cent of this cost.

The percentage paid out relating to maternity incidents by Epsom and St Helier NHS Trust was about 25 per cent lower that the national average at 46 per cent.

Currently, on average, maternity incidents make up only 10 per cent of claims but 50 per cent of the cost of payouts.

The costs are so large because mistakes during or shortly after childbirth can leave the infant with brain damage and lifelong dependency on care, for which NHS trusts become liable.

Money is still being paid out for decades-old incidents because it can take years before patients or families realise they may have a claim for compensation and, sometimes, assessments about a child’s life-long care needs can only be made when they are older.

Joint medical director of Epsom and St Helier NHS Trust, Dr Ruth Charlton, said: “We are absolutely committed to providing our patients with high quality, compassionate care.

“Sadly, there are rare occasions when the care we provide falls short of the standards we expect and our patients deserve.

“In those circumstances, we do not hesitate to investigate the matter fully and take steps to ensure that we can help to prevent a similar incident occurring again.

“For a very small minority of the people we serve, this process may involve a legal claim.

“Although these figures date back to incidents more than 23 years ago, we are very sorry that any patient or their family would ever have to go through this process, especially during an already difficult time.”

An inquiry by the Public Accounts Committee in November last year warned that pressures on the NHS could see the litigation bill “spiralling out of control without effective action”.

The Department of Health (DoH) and NHS Resolution have put forward measures to the combat the situation, including a plan to cap the fees that legal firms can recoup from the tax payer when they win low value cases and trying to resolve negligence cases before they go to court.

With regard to maternity incidents, a proposal to introduce a voluntary alternative compensation scheme for infants who have suffered avoidable brain injury at birth has been put forward, along with cash incentives for trusts which take steps to make maternity services safer.

A spokesman for the DoH said: “We’re ensuring taxpayers’ money is spent effectively by taking action against law firms creaming off excessive legal costs that dwarf the damages recovered – but we’re also clear we want to ensure patients continue to access justice at a reasonable cost.”