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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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.

 

 

0
straycat

well said Allison. thank you.

0
Unknown Name

I agree with another guy here who said that they should be fighting over the kids. But about the kidney, she should give him the amount of money for it because he donated it to save her life and then the bitch went and cheated on him.

She shouldn't give it back, she should give the equivelent in money. Yes i know a gift is a gift, but this is different. HE SAVED HER LIFE! and then look how she repayed him!

0
Bijal Parmar

I'd ask for the kidney back and if she refused, id rip it out. What's mine is mine, if i price it at £1.5million, thats what I want. If you can't afford it, dont touch it. Thats the line id take with a cheating slut. Hope she dies.

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)

0
GazzaBEB

WTH?!

She shouldn't give her kidney back.

Thats just selfish and unfair.

Anyone who thinks she should is being unreasonable

They should fight over something that in abit more important then a kidney

Like kids or the house etc.

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

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?

0
AlexD90

Not being funny, but lets be fair here. He obviously loved his wife enough to save her life, and give a part of his own body for her to survive. Yeah, maybe she cheated, but come on! Does that crime equal to a death sentence? If she was a murderer, or a

0
StewBD25

It just amazes me. 

2 sides to every argument, looking at the "story" and reading the comments, grow up and enter the real world.  For the side that would take back the gift- times change and s**t happens, maybe the guy was arrogant and emotionally deprived, he sounds it just by asking for the kidney back.

I always accept gifts, as the word suggests it is given to you, no charge, no strings. it would be rude to turn it down.

If the woman did cheat, you need to ask why, what caused that, if it is in her make up then he should accept her for who she is and allow her to continue her course through life.

legal battles only help people who use the emotions of others to procure money for themselves.  How sad.

My thoughts are, be happy, take each day as it comes and turn the other cheek where you can.

the whole world is in trouble at the moment, peoples livings, wars, energy so put things in perspective and stop arguing about insignificant things that will be forgoton in years to come and after that if you still have unspent energy use it by volunteering to a helpful force saving people from war and misery caused by others.

0
Bambi

All of you saying she should give the kidney back, what are they going to do? Operate, remove it, then re transplant it into the doctor?



Whole thing is pathetic.

0
andiec

This story is outrageuous.  Organs are donated out of compassion  for another human beings suffering, and should never have conditions attached! How about bone marrow donors, who may give to someone who theyre a match with, but is s stranger?  Imagine it; They read a report years down the line that implies this stranger isnt  a nice person. 'Hmmm...I don't agree with what he's done there, I think I'll ask for my marrow back'. 

A made up scenario, but it's exactly the same thing!!!

0
Doobydoo

God, this is the bizzarest situation - it sounds very much like he is just reaching out to damage her in the best and most extreme way he can think of ! There is every chance he knew it would hit the media - so there is a bit of public extra ridicule for his wife whom the world was not aware of before - if you get me ! I think he is just sticking out his emotional knife and hoping it sticks in the RIGHT organ in HER body ! It will not acheive anything but heartache to her, the kids, extended family and ultimately him. This will most likely turn into a money row and nothing more. So sad all round really.

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
guida

This man should be ashamed of himself...i´ve gone out with guys who turned out to be major assholes,but never did i ask for gifts back.

There´s a saying (portuguese) that says if you ask s.o. to return your gifts you´re going staight to hell,lol

So i guess that´+s where he´s going...

0
J.D.

This is probably a publicity stunt, of sorts, on the behalf of the husband.   I very highly doubt that he actually wants his kidney back, nor that he ever expects a decision to go in his favor.   What he wants to achieve by this is to show how this woman, his wife, whom he cared for, whom he gave a lot of his time, effort, love, and even his life to, simply discarded him after she'd got what she needed.   Those are the facts that we have to deal with.   Who was the better husband/wife, parent, most faithful, etc, is unclear to us, and is to a large degree completely irrelevant.

If he is actually serious about his claims, well, he is wrong, and a disgrace to not only the medical profession, but the human race.   I can understand irrational claims during a divorce as it is an emotionally testing period, and these claims are no different, but they're neither any less wrong.   We can at least take comfort that he will not win any such case, not on American (or British, for that matter) soil.   In certain other countries, well, it doesn't bear thinking about.   Religious righteousness is a truely frightening beast.

The subject of cheating is being thrown around, and the opinions of many on that subject (thus far) are leaving a lot to be desired.   Cheating is not okay.   Cheating is never okay.   Is it punishable by death?   No.   Is it punishable by dishing out physical abuse?   No.   Should either be legally granted as punishment?   No.   But I sure wish someone would have made that clear to the numerous women (and the people who found them to be innocent) who got off scott free due to "emotional truama" or some nonsense like that, after physically maiming their men.

The law system is an absolute joke in regards to how unfaithfulness is handled.   If anything it leaves men living in fear because they know their girl may "snap" and do them some harm, and get a court ruling in their favor, while leaving women feeling secure that they can always claim a "reason" for being "forced" to cheat.   And the latter is proved by some of the pathetic claims by, I assume women, posted above.

If cheating was actually punishable by time in the slammer, and cut right down the middle in regards to gender, maybe it would force those who decide to cheat (because not everyone is of the ilk), to think, again.   If you're about to cheat, you should stop, realise something is not right within your current relationship and decide there and then if it is worth trying to save, or instead call time on so you can then engage in whatever with whomever without hurting anyone.

Personally, even though I agree that it is wrong, when I see someone being handed retribution, male or female, for cheating, it's hard to dispute that they brought it on themselves through their own cruel choices.   They caused their partner immeasurable emotionally hurt, pain, so maybe it is fair, and just, for the guilty party to expierence pain, too.   And if the court system is not going to do it, then is it any wonder people take matters into their own hands.   I'd like to think that people would not commit adultery out of respect for their lover, out of knowing it is morally corupt, but clearly few abide by such, so we need the courts to step in, because being told to simply "Get over it." or "Move on." does not disolve the hurt, nor the feeling of being wronged, like (I assume) with any crime.

0
Dave112358

Surely if she was too give it back, could they not simply transplant another donars kidney into her? But, to be honest, they're both about as un-intelligent and inhumane as the other. The fact he's willing to go to court over a kidney and not his kids astounds me to be frank :)

0
MoradoJess

We don't know anything about this marriage, we  don't know who's in the wrong but either way he shouldn't recieve anything for the kidney.For gods sake their are children involved in this, their interests should be put first as none of this is down to them. This man is bitter but needs to let it go as he is damaging his medical reputation.

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