Court Backs Wife in Life-Support Plea
An appellate court ruled Thursday that the wife of a Stockton man who suffered severe brain damage--and has been paralyzed and unable to communicate since a 1993 traffic accident--has the right to disconnect his life support over the objections of his mother.
But the ruling does not allow the removal of feeding tubes keeping Robert Wendland, 48, alive until a San Joaquin County probate court rehears the case.
Rose Wendland has been trying since 1995 to get court permission to let doctors remove the tubes. But her efforts have been blocked by her mother-in-law, Florence Wendland. Robert Wendland’s brother has supported discontinuing life support, while his sister has opposed it.
In a written opinion, Justices Richard Sims, Arthur Scotland and Fred Morrison of the state 3rd District Court of Appeal ruled the probate court erroneously decided that Rose Wendland had failed to provide “clear and convincing” evidence of the patient’s wishes.
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