Dr. Richard Batista Wants Kidney Back in Divorce

by Jon Azpiri | January 8, 2009 at 09:54 am
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Man Wants His Kidney Back In The Divorce

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Man Wants His Kidney Back In The Divorce

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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8
Jodi J. Ragno

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.

6
Steven Caulfield

"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.

5
saneperson

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.

5
Anita Haslett

Am I going mad? Am I living in a mad world? The report states "Batista donated the organ, in part, to help save his marriage, which was struggling due to Mrs. Batista's health problems". Where does it say she cheated?

Anyway, cheated or not. He donated his kidney to his wife to save her life. Is it true that some people out there - (Deedee - you MUST be Mr. Batista or his new girlfriend because you sure are bitter about something that has nothing to do with you!) - but what sane person condones murder due to failure of marriage. And that is what it will be... murder!

Now I knew there were a few bunny-boilers out there but this takes the biscuit. Good luck to all the partners of the "Take the kidney back" brigade.

 

 

4
dedee

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.

4
Allison Flintoff

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.

3
Kelann

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.

3
amn

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

3
Jodi J. Ragno

wow..............he contributed one kidney...she contributed 2 children........seems they are even in the physical cost department.

and just for the record,  having given birth to two children myself,  and also having donated an organ (half my liver) to a friends dying child, I can tell you with absolute certainty that the donation was easier !!!   ( google my name if you want the details on the liver donation)

2
Shane D

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

2
Steven Caulfield

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.

2
JBF

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.

2
Female

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.

2
fluffybunny

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.

1
dedee

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.

1
Roger Del

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.

1
ChipmunkOnKetamine

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...

1
Debz1710

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.


1
awpb

Here Here!

1
Nelli

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!

1
fjndbksdjk

it doesnt say that she cheatd on him :S! and he is just absoliutely STUPID! GROW UP!!!

1
Eleyse Tuck

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.

1
Jules Red

I understand that divorces can make people emotionally all over the place, and perhaps do and say things they wouldn't usually do or say. It can take time for the dust to settle and for common sense to return.  This case is sad. 

The man is coping with the loss of his marriage and he is hurting - probably why he is reacting by demanding back his kidney. Loads of people are unreasonable with each other when they break up, anger is a natural human response.

The woman may also find it tough, because she knows deep down that his kidney saved her life.  However, is it fair to say that if you receive a donated organ you are "owned" by your donor? If I am a First Aider and I save someones life, would that mean they have to take orders from me for the rest of their life to repay the debt?

The only two people that really know all the facts are the husband and wife. It is their business to sort out. I hope for the sake of their children that they can try and resolve their issues sensibly and peacefully, and as quickly as possible.

1
dedee

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.



1
dedee

Now THAT'S what I call NOT HYPOCRITICAL. That's what I have been saying the whole time. That is a wise answer. You really can think clearly without cloudy judgment. I salute you. 

And Steven Caulfield, you say people like this cannot be trusted? That's stupid. Most people would say unreasonable thing when they're angry and hateful. Like you've never been angry and emotional before?

1
dedee

and men cheat not for a reason? so you allow women to cheat????

1
lale

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.

1
Sammy L

...What the fuck? Seriously? Okay first off for those asking how people know she cheated its in the youtube video next to the writing. I'd like to point out in said video he says "To this day, I would still do it again" saying he'd give his kidney to her to this day, yet he's trying to take it back? He was 1 in 700,000 match, WHY did it take 2 failures for him to offer? WHY is he now taking it back when he KNOWS how hard it would be for her to get a new kidney?

And quite frankly none of us know what he did, if he's THIS touchy then you don't know if he was abusive or anything so stop assuming you know the ins and outs of their life, she cheated, it happens,we aren't in a country where its illegal and he has no right to ask for it back.

Jewellery,books,ornaments etc ,these are the type of gifts you ask for back, a gift is a gift and shouldn't be asked to be returned but all the same, you ask for stuff like this back, you do NOT ask for an organ keeping a woman alive.

Cheating gives nobody a right to kill someone, those of you who are saying she should rot in hell, well, bad luck for being cheated on but do you wonder why? You sick sons of bitches, if you can be this cold in your heart, no wonder ya'll got your asses cheated on.

And how can he "generously offer" for her to PAY that much for the kidney :\ how does he expect her to get that money? or support his children? He obviously doesn't care about his family so fuck him, he should be arrested for trying to trade a human organ AND a human life.

0
Ha Duc Pham

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.

0
pussyliicker

Jodie J, Smoking Crack Yall need 2 be paying me my rent due CrackWhore

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First Flagged at 5:01 PM, Jan 8, 2009 by Blue Crush
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