New York surgeon to estranged wife: Your kidney or your cash

[Praxius]

New York surgeon to estranged wife: Your kidney or your cash

A New York surgeon who has been involved in a long and bitter divorce battle is telling his estranged wife to either return the kidney he donated to her or give him $1.5 million US in compensation.

Dr. Richard Batista's move is a last-ditch attempt to force a settlement in his four-year-old divorce case, says his lawyer, Dominic Barbara.

"We're asking for the value of the kidney that he gave his wife. In theory, we actually asked for the return of the kidney."

Batista says he has no regrets about donating the kidney to Dawnell Batista in June 2001.

"She was my wife," he said at a news conference this week. "My priority was to save her life."

However, after she filed for divorce in 2005, he accused his wife of infidelity. He hopes the kidney demand will convince her to come to final terms on the settlement.

Lawyers for Dawnell Batista did not return phone calls about the demand.

The couple has three children, who are now aged eight, 11 and 14.

And I thought my parent's divorce was bad.... shiesh.

But a problem I see in his argument over the kidney is this:

#1 - it was donated/given..... you can't take back a gift legally unless there was a contract agreement with conditions that allow for this to occur.

#2 - Once you are married, in the eyes of the law you are considered one person (Which is why a spouse can not be forced to testify against the other.) So therefore, the Kidney at the time of the operation was both of theirs...... so at the most, he can only have half of the Kidney back.

#3 - Removal of the only Kidney she has would be a death sentence and as a surgeon, his oath prevents him from taking this course of action. (Do no harm)

Thoughts?

 

[JLM]

He's highly unethical and should be in jail.

 

[EagleSmack]

It is funny...those are my thoughts. But let's not be so harsh to judge. He's not getting the kidney back and we all know that. For all we know she could be trying to take every penny from him, running up her lawyer's bills (for which he's paying) and just being a total jerk. It seems he wants the divorce done with.

 

[tracy]

I am pretty sure it is still illegal to sell organs in the US. So, why would he have any right to compensation after the fact?

 

[Praxius]

It is funny...those are my thoughts. But let's not be so harsh to judge. He's not getting the kidney back and we all know that. For all we know she could be trying to take every penny from him, running up her lawyer's bills (for which he's paying) and just being a total jerk. It seems he wants the divorce done with.

That's how I see it (him wanting to try and quicken this to a finish) but his approach is a lost cause and a bit of a waste of time.

It is a bit of a sick approach and I could see some people getting upset over it, but yes, based on the finer details we don't know about (they did say it's been a long and bitter) it could have degraded to the point where both sides are being equally petty.

Divorces tend to not be a pretty and fun thing in most cases.

But I don't think him attempting to get his kidney or a bunch of money back is enough warrent to send him to jail.... it may seem like a morally wrong thing to do, but it's not really a legally wrong thing..... and chances are he's going to fail in his attempt and look more like the bad guy in the end.

Retracting a generous and life giving decision as he did is pretty low in my books.... just simply petty.

 

[EagleSmack]

That's how I see it (him wanting to try and quicken this to a finish) but his approach is a lost cause and a bit of a waste of time.

It is a bit of a sick approach and I could see some people getting upset over it, but yes, based on the finer details we don't know about (they did say it's been a long and bitter) it could have degraded to the point where both sides are being equally petty.

Divorces tend to not be a pretty and fun thing in most cases.

But I don't think him attempting to get his kidney or a bunch of money back is enough warrent to send him to jail.... it may seem like a morally wrong thing to do, but it's not really a legally wrong thing..... and chances are he's going to fail in his attempt and look more like the bad guy in the end.

Retracting a generous and life giving decision as he did is pretty low in my books.... just simply petty.

I bet it is borne out of frustration. This divorce has gone on for four years now because, as it reads, she has not agreed to a settlement. He is a doctor and obviously makes a fistfull of dollars. It is bitter so I bet both sides are doing their best to hurt the other. BUT... it seems that she is dragging it out. That she is most likely looking to ring every penny from him and he countered...stupidly or out of frustration.

The judge isn't going to make her pay for the kidney (or give it back). He may tell them enough is enough though. Who knows.

Personally, in this case I think she is one of those women. He gave her a kidney, she could be dead. He accuses her of infidelity and it doesn't say he's been accused of that. She's a Gold digger in my opinion.

 

[Ron in Regina]

8O8O This divorce has lasted longer than some marriages. That's pretty bad. 8O8O

 

[JLM]

It is funny...those are my thoughts. But let's not be so harsh to judge. He's not getting the kidney back and we all know that. For all we know she could be trying to take every penny from him, running up her lawyer's bills (for which he's paying) and just being a total jerk. It seems he wants the divorce done with.

Yep, to be able to really comment seriously you have to hear both sides of the story...........that's the problem with reporters, they tend to dwell on the "exotic" part of the story and ignore the depths.

 

[Tyr]

Yep, to be able to really comment seriously you have to hear both sides of the story...........that's the problem with reporters, they tend to dwell on the "exotic" part of the story and ignore the depths.

*

That's exactly right JLM. "Schock and sclock" sells print

I emphasize with him though. My ex dragged our divorce out for ages. The end result? Two very rich lawyers and two very poor settlements

 

[EagleSmack]

*

That's exactly right JLM. "Schock and sclock" sells print

I emphasize with him though. My ex dragged our divorce out for ages. The end result? Two very rich lawyers and two very poor settlements

That sucks Tyr. If you don't mind me asking...did the lawyers fees outweigh or come close to the settlement?

 

[Praxius]

I bet it is borne out of frustration. This divorce has gone on for four years now because, as it reads, she has not agreed to a settlement. He is a doctor and obviously makes a fistfull of dollars. It is bitter so I bet both sides are doing their best to hurt the other. BUT... it seems that she is dragging it out. That she is most likely looking to ring every penny from him and he countered...stupidly or out of frustration.

The judge isn't going to make her pay for the kidney (or give it back). He may tell them enough is enough though. Who knows.

Personally, in this case I think she is one of those women. He gave her a kidney, she could be dead. He accuses her of infidelity and it doesn't say he's been accused of that. She's a Gold digger in my opinion.

Not to mention a kidney digger..... taking his money, taking his organs..... cripes!

 

[EagleSmack]

Not to mention a kidney digger..... taking his money, taking his organs..... cripes!

Taking the term "Getting your pound of flesh" to new heights!

 

[shadowshiv]

Taking the term "Getting your pound of flesh" to new heights!

Where's Shylock when you need him?;-)

 

[Tyr]

That sucks Tyr. If you don't mind me asking...did the lawyers fees outweigh or come close to the settlement?

93% of the total assets ended up being legal fees. I ended up with a grand total of $7,488.00

 

[shadowshiv]

Wow.8O It is no wonder that so many people loathe lawyers so much. They do not care about their clients, they just care about the money they make from them.

 

[EagleSmack]

93% of the total assets ended up being legal fees. I ended up with a grand total of $7,488.00

WTF! Did you wife (ex) understand that? That's just too bad.

 

[karrie]

He's turning the fight up a notch and trying to force her hand. The article says as much. 4 years? Wouldn't you start grasping at straws after 4 years considering how long it's been... how costly?

 

[EagleSmack]

I bet their lawyers aren't cheap either. A doctor and his wife. I bet she hired the best as he is most likely paying for it.

 

[Praxius]

93% of the total assets ended up being legal fees. I ended up with a grand total of $7,488.00

Yeah my father, being a math teacher and all, knew about the legal fees and such and wanted my mother to just deal with one another to save each other money.

Of course being in a divorce setting, she assumed he was just trying to trick or screw her over, so she got a lawyer anyways..... so then he had to as well.... and then it went on even longer then it should have.

And what a suprise, my mom's lawyer delayed and never sents documents to my father for months on end. It was really great when she blew up at him at my grandfather's funeral about him not signing papers and such, when he never got them in the first place.

Lawyers are d*cks. :angryfire: They end up making most situations even worse.

The funny thing was my dad was willing to give practically everything she wanted or needed.

t'was a sh*tty situation, but life goes on..... meh.