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Dr. Richard Batista Wants Kidney Back in Divorce
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by Jon Azpiri | January 8, 2009 at 09:54 am
9388 views | 6 Recommendations | 48 comments
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Dr. Richard Batista is heading to court to ask his wife for his kidney back more than eight years after he donated it to her. Batista claims that he isn't totally unreasonable, however. He understands that Dawnell Batista need to stay alive so he's generously said that she pay him $1.5 million in exchange for the kidney.
Richard Batista donated the kidney to his wife eight years ago after Mrs. Batista had undergone two failed transplants. Batista donated the organ, in part, to help save his marriage, which was struggling due to Mrs. Batista's health problems. Now that the marriage has fallen apart, the man wants his kidney back.
My first priority was to save her life," Batista said at a news conference in Garden City. "The second bonus was to turn the marriage around."
Of course, many experts claim that the odds of Batista getting kidney back are slim.
Medical ethicists agreed that the case is a non-starter. Asked how likely it would be for the doctor to either get his kidney back or get money for it, Arthur Caplan at the University of Pennsylvania's Centre for Bioethics, put it as "somewhere between impossible and completely impossible".First and foremost, said Robert Veatch, a medical ethicist at Georgetown University's Kennedy Institute of Ethics, "it's illegal for an organ to be exchanged for anything of value". Organs in the US may not be bought or sold. Donating an organ is a gift and legally "when you give something, you can't get it back", he said.
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Jon Azpiri
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Most RecentMost Recommended Comments (48)
at 05:29 on January 9th, 2009
She should give him a down payment of $1,000 then have him arrested for selling a human organ. It would bring his medical liscense into question, and teach this over grown toddler a leason.
at 14:30 on January 11th, 2009
well, maybe you should have a cheating wife whose kidney used to be yours. then tell me how you feel about knowing your wife, walking freely with your healthy kidney.
asking his kidney back is so human. he's angry and that bitch deserves that. honestly, that's exactly what I would do. Honestly, would you do that if your wife treated you like that? Don't say "no" because that would be hypocritical.
i really hope she rot in hell, first for not being grateful for her husband sacrifice, second for cheating, third for separating him from their children, forth for being unethical in his surgery room, and fifth ............for being a total pain-in-the-ass BITCH.
at 04:59 on February 6th, 2009
"Don't say "no" because that would be hypocritical."
Don't be so moronic and absurd.
No - I wouldn't ask for it back. If I donate a part of my body for another, I'm doing so inspite of any circumstances that may occur. If my partners turns out to be a bitch and goes sleeping around with someone else, it would hurt like hell, but I would not ask for the organ back. Hell I wouldn't even consider it.
It's like when I once gave an ex of mine £350 as a gift. She was going through hard times with her own personal finances, so I gave her it and told her she never had to pay it back. She ended up cheating on me. As angry as it made me, a gift is a gift. I've never asked for it back, because I gave her it as a gift. If she was just borrowing the money, then she would have to pay it back regardless of circumstances. But it was a gift - so I have no legal or moral ground to ask for that money back.
So in response to your ignorant statement of "Don't say "no" because that would be hypocritical.", I advise you that you cannot win an argument by trying to force people to give the answer you want. You are 100% wrong in saying that it is hypocritical - just because it does not fit your view does not make it wrong or hypocritical.
The rest of the world does not revolve around your opinion and neither should it.
at 19:35 on February 6th, 2009
I spoke in the perspective "human" point of view. Of course it's wrong. I said what he did was totally human. I would probably do such thing. He's angry and very emotional. And of course he would think that was inappropriate afterward.
What he did or what I said is merely an emotional human expression. When we get too emotional we have a tendency of having a cloudy judgment. That's what I was saying: "you are hypocrite if you say you wouldn't be emotional in that kind of situation."
I mean you're human, you should have this kind of experience. When you gave something to someone you love, but it turned out that the person hurts you, you would want it back. And of course you speak in the name of anger and hatret, not logical decision. Have you ever had that experience?
I mean, I totally understand the guy's feeling. After what he's been through, I think he deserves to get angry.
So don't misunderstand my statement. Read again.
at 06:05 on February 6th, 2009
You must be a complete plonker. Yeah ok so she is cruel for cheating on him, but this subject is completely pathetic. The kidney shouldnt even be the issue here. From the info on here surely it should be his KIDS he is fighting for not something he did to save the life of his childrens mother. I think both he and you seriously need a psychological assessment to be carried out. I think you both have your priorities wrong. What a pathetic waste of journalisum.
at 03:10 on February 7th, 2009
For dedd
I am sure at the time she was grateful!! but does not mean that she should be forced to stay with him forever!!!
Also at the time of donation they were having problems so he knew he could be giving up his kidney and marriage still might not work-what he as an egotisical male thought was that by giving her a kidney he would own her and she would do what he wanted
and whats this about being unethical in the surgery room?
Also as a doctor he took an oath do no harm!!!
at 04:40 on February 7th, 2009
He gave it freely knowing the medical risks to himself to donate it. he knew then it was a gift not only as in an act of giving but also to prolong a persons life. He took a oath I am certain to prolong life hes beinging his own sanity into desrepute. Its not legal to buy organs here in the UK and I know were I to donate any organ I would want nothing from the act but the joy of knowing a life was prolonged. I feel sorry for the wife thinking thats his bloody organ keeping ME alive the selfish man! Begs the question would he want it back off her should she pass on? Personally I hope she leads a long fruitful life to spite him!
at 14:12 on January 9th, 2009
Damn. She should give him the kidney back. She knows that she should thanks her man all life. But she leave him...
By the way I would do the same. Because that's like to steal somebody very important organ.
at 14:37 on January 11th, 2009
i totally agree with you. she SHOULD return his kidney, the way people return their girlfriends'/boyfriends' belongings when they break up.
If i were that man, i'd rather live with one kidney and have another one broken, than see a bitch walking around with my own kidney.
at 09:36 on February 6th, 2009
You idiot. She would not be walking around if he gets his kidney back. She would die! You are just showing how ignorant and selfish YOU are.
at 01:03 on February 7th, 2009
Not that I agree or disagree with either point of view here, but I wish to point out that his post was not ignorant, and in fact, you have shown your own ignorance in your response to it. Read what he wrote.
at 10:35 on January 13th, 2009
That bitch needs some serious kidney removal. I would do the same thing. Is my wife treated me like that, damn, I would sue her for cheating, being a total bitch, and for ruining my life. And more, she slapped divorce file to his face during a serious surgery, the more reason why she's a total bitch.
at 03:49 on February 6th, 2009
Oh my god, get a grip you bunch of morons, the only sane one on here is Jodi J. Ragno who had a great suggestion. Sounds like you all need a bit of therapy and maybe there was a reason you lot have probably been cheated on.....serious issues. The case is ridiculous, no matter the magnitude of the gift, a gift is a gift. Fair enough if she has cheated, she was completely wrong and I don't condone it but maybe she felt obliged to stay in a bad relationship after he gave her a kidney but why did she have to have 2 failed kidney donations before he offered his, he must have been a match so he doesn't sound that perfect.
at 04:39 on February 6th, 2009
I think she should keep it. He gave it to her out of the goodness of his heart, as the article says, like a gift, and he can't really ask for it back. He doesn't need it, and she does. Maybe he should be a little forgiving, and let her stay alive. It's not like he desperatly needs it. So what if she had an affair, so what if they don't love each other anymore, people donate organs to people they have never met. If one of them turned out to be a burglar, or a benefit theif, you wouldn't demand your kidney back. It's a bit extreme...
at 04:44 on February 6th, 2009
I Agree with saneperson, if you give someone a gift in a relationship you don't ask for it back, and if you had a chance at saving someones life you would do it, unless you're a complete asshole. And as for if she ethically deserves this kidney then yes she does, she got it eight years ago, eight years before she was devorced
at 04:44 on February 6th, 2009
Jodie J, Smoking Crack Yall need 2 be paying me my rent due CrackWhore
at 04:50 on February 6th, 2009
People who say "give it back" are obviously people that should not be trusted with these kinds of issues.
We are talking about potentially killing a person - risking death is NOT a punishment that fits the crime. When you give an organ you are agreeing for that person to have regardless of the circumstances.
By law, that kidney is her property now - legally, physically and morally. She did stuff behind his back - I feel sorry for him. Being cheated on a betrayed hurts - I know that very well. Despite this, his demands, whilst just about understandable, are still legally ridiculous, medically unethical and morally absurd.
Anyone who thinks that risking the life of another is a suitable punishment for cheating is, quite simply, an idiot.
at 10:06 on February 6th, 2009
I agree a gift is a gift, hence it cannot be asked to be returned by the giver.
In certain parts of the world the punishment for adultery is death by stoning. So it is not so unreasonable for some people to consider that risking the life of another is not a suitable punishment for cheating. She was married to him and whilst she was married she cheated on him, then the punishment is death by stoning (according to Islamic Sharia Law).
at 04:53 on February 6th, 2009
How can any of you suggest she actually give the kidney back? You're actually condemning someone to death, because of a failed marriage?
I can't believe he's even asking for it back, he's a doctor, and regardless of the animosity he feels for his ex-wife saving lives should be something he feels extremely passionate about. An organ is not like an ex-partner's CD, or Shirt, sure it once belonged to him, but he made the decision to give it to her because he wanted to save her life, to demand compensation, or the return of something so irreplaceable is completely ludicrous.
It baffles me that he's even being allowed to dispute the issue.
at 04:54 on February 6th, 2009
OMG guys
tht is pathetic! this woman needs this kidney to survive! so what she cheated....would u condone letting her die just because she cheated? he has no need for the extra kidney his life is not indanger, just let it go she shouldnt have to pay him cos as saneperson said a gift is a gift
at 05:09 on February 6th, 2009
Silly me, I thought GIFTS were not returnable. How daft can one person be and what a shame this type of case will waste precious time and resources that others could benefit from...
at 05:53 on February 6th, 2009
How do we know she cheated?!! I think this is one of the most ridiculous things Ive ever heard! And everyone on here with your nasty comments about this woman are complete inbreds with not a braincell between you... I can't actually believe someone, a human being, would do such a thing as to demand an organ back that was given to save someones life! or to ask for money for it... This man is obviously bitter, pathetic and not really a man at all.
at 06:31 on February 6th, 2009
Here Here!
at 07:40 on February 6th, 2009
i dont see how you can just take his word that he was a perfect husband and she is the bitch. you are all so stupid that women has three children and he is angry about a kidney, if she has to give it back her children will live with knowing their dad killed their mum by acting like a child. yeah she may have been a bitch but he could of treated her like shit. women cheat for a reason.
at 19:46 on February 6th, 2009
and men cheat not for a reason? so you allow women to cheat????
at 07:41 on February 6th, 2009
I think this is hilarious!! Firstly ... who does he think he is ... asking for this back, well it shouldnt even be taken into cinsideration, and you think the courts would allow this? Can you imagine the deluge of people who would be filing cases if they agrred to this one? Gold teeth, tummy tucks, breast jobs .... all the things that partners 'give' each other as gifts! Secondly, you cant really comment on the personal situation, as its not really fully given in the story as to what eactly happened in the failure of their marriage, he says he gave her the kidney to help her health and turn their marriage around, so does this mean he gave her the kidney first, or she cheated first ... if its the latter, then surely this is just a case of 'well i thought its what i wanted, but now i changed my mind, so give me it back'?
However this turns out, I would love to know!
at 07:50 on February 6th, 2009
What a sign of the times and the people in it. how can you sad, ignorant, stupid people make the comments you have made on this page and then wonder how the world is as it is.
He gave that kidney freely.... no-one held a gun to his head and why did he think that it would save his marriage? I am divorced and my husband had an affair in all probability more than one, but i prefer him than this moron or any of the other fools who agree with him. just remember when you are moaning about the world and people in it, its down to fools like you.
at 07:54 on February 6th, 2009
imagine if your one of their kids and you hear that your father tried to get his kidney back off your mother, which would, inevitable kill her, dont no about you but i sure as hell would not want a dad like that
you all need to grow the hell up
at 08:18 on February 6th, 2009
it doesnt say that she cheatd on him :S! and he is just absoliutely STUPID! GROW UP!!!
at 08:33 on February 6th, 2009
Great Goddesses, all the people who want her to give it back seem rather unintelligent, or inhumane, perhaps both, to me. Giving the kidney back will kill her and despite the fact the he donated the kidney, there's no guarantee his body would accept it back, as it has been in her for so long.