In a significant ruling, the District Consumer Disputes Redressal Commission has held Arimala Hospital in Kanhangad and its anaesthetist responsible for the death of 21-year-old Jince Mathew, an endosulfan survivor who lived with autism, deafness and muteness. The commission ordered payment of ₹13.30 lakh as compensation to his parents, along with ₹25,000 towards legal expenses and 6% annual interest from February 7, 2018 — amounting to at least ₹19.54 lakh, substantially higher than the ₹15 lakh originally sought by the family.
Parents win eight-year battle for accountability
For parents K.S. Mathew (55) and Thankamma Mathew (51) of Panathady panchayat, the verdict concludes an eight-year struggle marked by repeated attempts to dismiss their claims, social pressure to withdraw the complaint, and shifting narratives from the hospital.
“We were alone… in our suffering and prayer,” Mathew said, recalling advice from community members, officials and even medical boards urging the couple to “let go”.
The bench rejected the findings of the Apex Medical Board, stating that its opinion lacked reasoning or analysis. Instead, it relied on the autopsy report from Kannur Government Medical College, Pariyaram, which attributed Jince’s death to anaesthetic complications involving the respiratory system.
Forensic testimony exposes critical lapses
Any ambiguity was removed during the testimony of Prof S. Gopalakrishna Pillai, the forensic surgeon who conducted the autopsy. He informed the commission that Jince suffered complications due to excessive anaesthesia and improper placement of the breathing tube, which had blocked rather than assisted the airway — a combination he described as fatal.
The commission found these findings “better supported by facts and reasoning” and dismissed the hospital’s defences, including its claim that the parents had not disclosed Jince’s medical history as an endosulfan victim.
The surgery that went tragically wrong
On March 4, 2017, Mathew brought his son to Arimala Hospital after days of severe testicular pain. A scan confirmed torsion, and surgeon Dr Jayaprakash P. Upadya advised immediate surgery to remove the affected testicle. The father, initially inclined to seek care in Mangaluru, was told it was a minor procedure and that Jince would be ready for tea and biscuits soon after.
Jince was taken directly into the operating theatre, where anaesthetist Dr Sadiq Ummer administered anaesthesia. He never regained consciousness.
“Half an hour became two hours, then four,” Mathew said. By 9.30 pm, the family was informed that Jince had suffered a cardiac arrest and was placed on a ventilator. He was later shifted to Kasturba Medical College Hospital in Mangaluru and then to Father Muller Hospital, where he died on March 11, 2017 — seven days after what was described as a minor operation.
Complaint delayed due to threats
The family initially filed a complaint with police and the Human Rights Commission, but when no progress followed, they approached the consumer commission on February 7, 2018.
The commission also noted that alleged threats to the family contributed to delayed reporting, adding that the hospital’s argument that the delay weakened the case was “not believable”.
Hospital’s changing narrative rejected
Arimala Hospital first claimed that Jince had regained consciousness before reaching Father Muller Hospital. It later accused the family of withholding his medical details. The commission dismissed both arguments, ruling that the hospital should have exercised enhanced anaesthetic precautions given the patient’s vulnerabilities.