Bradford Teaching Hospitals Trust has paid out more than any other NHS trust in the country for historic litigation in the past five years, it has been revealed.

Medical mistakes made before 1995 cost the organisation nearly £8.5 million between 2012 and 2017, meaning the trust is still paying out millions for errors made more than 20 years ago.

And the trust, which runs Bradford Royal Infirmary and St Luke’s Hospital, paid out a total of more than £42.5m between 2012 and 2017 for all medical claims, the majority of which were related to failings during childbirth.

Long legal battles and claims for decades-old incidents can see trusts pay compensation years after a mistake.

And some assessments about a child’s life-long care needs can only be made when they are older

A woman left with irreversible brain damage after a catalogue of errors when she was born at St Luke’s Hospital in 1994 was awarded £5.5m compensation, but it took 18 years for her to finally win her battle for justice in 2012. The patient, who wished to remain anonymous, is entirely dependent on carers and will receive annual payments totalling £3.3m to cover her needs for the rest of her life.

And in 2017, a 12-year-old girl left with brain damage after she was starved of oxygen at birth at Bradford Royal Infirmary was awarded £8m compensation by the High Court to provide lifetime care. The trust was due to pay her a £2.2m lump sum plus yearly payments of £80,000, rising to £148,000 after she reaches the age of 19.

Claims made before 1995 are covered through a scheme funded by the Department of Health. Compensation for incidents after April 1995 are covered by a scheme paid for by NHS Resolution, which charges NHS trusts a premium based on the level of expected payouts.

Airedale NHS Trust paid out more than £13.5m in the past five years for medical errors. Claims before 1995 totalled £58,866 and all were for incidents involving the hospital’s maternity department.

A spokesman for the trust said they were unable to verify the data because they do not hold records prior to 1995, but added: “The vast majority of the thousands of people we treat every year experience high quality, safe care. However, if patients do not receive the treatment they should and mistakes are made, it is right that they are entitled to compensation. We are committed to making sure that we learn from our mistakes and we share that learning across the organisation.”

A spokesperson for Bradford Teaching Hospitals NHS Foundation Trust said: “The vast majority of the people we treat every year at Bradford Hospitals experience high quality, safe care. We are committed to making sure that we learn from our mistakes and we share that learning across the organisation.”

During the past five years the NHS has paid out a total of £6.2 billion for all medical negligence claims, with more than a third, £2.1bn, going on legal fees. A Department of Health spokesman said the Government is consulting on plans to cap the costs legal firms can recover in clinical negligence cases to £25,000. He 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.”

Philip Davies, Conservative MP for Shipley, said: “Clearly it is right that where patients have suffered from medical negligence they should be compensated, but any money paid out in compensation is clearly money that is not available to invest in clinical care such as providing more doctors and nurses. Mistakes are inevitable, but is crucial they are kept to a minimum not only for the benefit of the patients concerned, but also to ensure more money is available to spend on healthcare rather than compensation”

Duncan Gardiner, head of clinical negligence for Morrish Solicitors, who have an office in Bradford, said: “These payments are not made lightly and indeed current thinking suggests that as few as 15 per cent of cases ultimately result in a payment.

“In over 25 years of legal practice I have never met a victim of a medical accident who wanted a damages payment more than they simply wanted to turn the clock back. Sadly, many of these cases are brought because of a perceived failure on the part of the NHS to learn the lessons of its mistakes.”