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(USA) Doctor to ex-wife: Give me my kidney back

Dr Batista told New York Daily News there is no value you can put on an organ when it saves someones life. There is no greater feeling on this planet. He says he is only suing Dawnell to get to her act reasonably in the divorce case, claiming she is rest

Interesting story.

Doctor to ex-wife: Give me my kidney back

News.com.au
8 January 2009

Doctor to ex-wife: Give me my kidney back

  • Doctor gave kidney to wife
  • Now wants it back
  • Says it's worth $US1.5 million
A doctor who donated his kidney to his wife in 2001 now wants it back because she cheated on him and has filed for divorce.

He says its the organ or $US1.5 million ($2.1 million).

New York Daily News reports Richard Batista, a surgeon from Long Island in New York, gave his kidney to his wife Dawnell after two previous transplants failed. The website reports the odds of him being a match are 700,000 to 1.

Dr Batista told New York Daily News there is no value you can put on an organ when it saves someones life. There is no greater feeling on this planet.

He says he is only suing Dawnell to get to her act reasonably in the divorce case, claiming she is restricting access to their children, aged 8, 11 and 14.

"She slapped me with divorce papers when I was in surgery trying to save another person's life," he told the newspaper.

Dr Batista told News Day his wife's medical problems had strained their marriage.

"My first priority was to save her life.The second bonus was to turn the marriage around."

It didn't last, and four years later she filed for divorce.

Arthur Caplan from the University of Pennsylvanias Centre for Bioethics told News Day the likelihood of Dr Batista getting either his kidney or the money was somewhere between impossible and completely impossible.

Medical ethicist Robert Veatch from Georgetown University also told News Day its illegal for an organ to be exchanged for anything of value. He said organ donation is a gift which means you can't legally get it back.

"Its her kidney now and taking the kidney out would mean she would have to go on dialysis or it would kill her, he said.

He said no reputable surgeon would do it and no court could compel someone to undergo an operation.

It is interesting to read the comments on this story. Hopefully they negotiate something where the kids get to see both parents.

Comments on this story

No point giving the kidney back as the children need there mother as well as there father,they need to think about the kids more i say 50 50.
Posted by: fiona inns of adelaide 4:52pm today
Comment 33 of 33

I don't care if he gave a kidney or not the fact is that he gave life to another person and because she was his wife and she went astray that's no need to get "bitchy" and ask for in excess of $100,000. Indian giver. Anyway if you were a good husband she wouldn't have to go elsewhere! A thought.
Posted by: newshound of everywhere 4:49pm today
Comment 32 of 33

What a slapper! I can't believe she cheated on the guy who saved her life.
Posted by: Bob of Melbourne 4:24pm today
Comment 31 of 33

If this story is accurate, the doctor is a great man with kind heart. Let's hope that the law handling people (I mean the judge in this divorce case) is a just person, able to see this through, so the unfair wish of the wife (restricting the father access to their children) isn't granted. Otherwise, something is grossly wrong in our society. What is said about the wife is so appalling, yet, sadly enough, not unimaginable for human nature!
Posted by: kieu my pham of Sydney 4:18pm today
Comment 30 of 33

I think they should split it all 50-50 The Doc can have the 8 and 11 year old Kid. The wife can have the 14 year old and a kidney. Or visa-versa
Posted by: Skittle 3:48pm today
Comment 29 of 33

There sure is a lot of tragedy out there…
Posted by: Gordon of Brisbane 3:42pm today
Comment 28 of 33

docs are so altruistic and stupid
Posted by: henry 3:40pm today
Comment 27 of 33

House, Kids, Car, Money, Superannuation, Kidney, Heart, Child support. May as well give her the other kidney too. This way he'll do better than most blokes after divorce…..the pain won't last as long.
Posted by: Brian of brisbane 3:39pm today
Comment 26 of 33

I say good on the Dr.. cheaters like this lady will go to hell and deserve to… she should have to pay some compensation… go the Doc
Posted by: dub of melbs 3:32pm today
Comment 25 of 33

The next best thing the next best thing to not seeing the 'kid is to ask to see the 'kid'ney!
Posted by: Tris of Melbourne 3:31pm today
Comment 24 of 33

He's bringing attention to his wife accepting his kidney, having an affair, filing for divorce, then denying him reasonable access to his children. It does'nt read well for her does it?
Posted by: Jamie of melbourne 1:09pm today
Comment 23 of 33

Of course he should not get the kidney back! It was a gift! But he should automatically get a 50 percent share of all assets, have equal, shared care of the children & not have to pay children support or alimony. She's healthy now, she can get a job & support herself & the children while they are in her care!
Posted by: S.Shaw of Townsville 1:07pm today
Comment 22 of 33

I like how people are forgetting or ignoring that this fellow is doing this so that he can see his kids. He's a doctor, he knows he wont get the kidney or the money.
Posted by: Ryan Sandrosen 1:04pm today
Comment 21 of 33

The same boat of nsw - you are making unsubstantiated comments, the story talks about the status of their relationship NOW and in the past few years NOT when it started. Who knows or cares who did the chasing, it has nothing to do with the issue under discussion!
Posted by: Jadzia of Central West 1:01pm today
Comment 20 of 33

"He says he is only suing Dawnell to get to her act reasonably in the divorce case, claiming she is restricting access to their children." I'd play the highest cards I had in the same situation. Sadly however there will be no winners however it's played out.
Posted by: Ingrid of Adelaide 12:41pm today
Comment 19 of 33

Let this serve as lesson to people who are thinking of donating their kidneys.
Posted by: Yogesh of Perth 12:40pm today
Comment 18 of 33

Ummm sorry Doc, but it isn't YOUR kidney now.
Posted by: Missives of Earth 12:39pm today
Comment 17 of 33

Trevor from Central Coast: Thats the nicest thing I have heard in a long time, considering she is your ex. It just shows your heart is bigger than most people's. If you only lived in Canberra!
Posted by: Margy Schuhmann of Canberra 12:31pm today
Comment 16 of 33

I love how people just read the headline and then head straight to the comment box. Good on the Doc I say. "He says he is only suing Dawnell to get to her act reasonably in the divorce case, claiming she is restricting access to their children, aged 8, 11 and 14."
Posted by: Brad C of Brisbane 12:29pm today
Comment 15 of 33

Oh pulease!!! OK if the Doc wants his kidney back then he is conspiring to physically harm or murder his ex wife. Arrest the jerk and charge him with same! For heaven's sake!!!
Posted by: Lep1d0pt3ra of Adelaide 12:16pm today
Comment 14 of 33

Move on Doc…not much you can do now….it is very much unlikely he'll get any compensation or his kidney back…remeber, what goes around comes around.
Posted by: been there done that of Melbourne 11:57am today
Comment 13 of 33

This is why there should be more stringent critieria for someone to get a transplant!!! I bet people will think twice about donating their organs now!
Posted by: Jay Tee of Sydney 11:40am today
Comment 12 of 33

Divorce is far too easy .Never mind about your kidney. Does anyone care how the split home divestates the kids—no matter who gets them. Their stable home is gone for ever
Posted by: Joan mohr 11:36am today
Comment 11 of 33

Hell hath no fury like a bloke spurned.
Posted by: Polly Prissypants 11:36am today
Comment 10 of 33

Men, be careful while facing women. Never do too much to chase a woman, the feeling should come from both sides evenly. Any uneveness can result in big problem in the future, like this poor doctor.
Posted by: The same boat of nsw 10:55am today
Comment 9 of 33

This is exactly why donars for transplants are kept confidential from the receiver. Of course this was not possible in this case. He should not get anything for donating his kidney, he did it of his free will and would have also signed a consent form allowing it. What decent human being would ask somone for the kidney back knowing it would kill them. I recently seperated from my partner of seven and a half years and still would not ask for the kidney back. I would still give her my kidney today if it ment saving her life.
Posted by: Trevor of Central coast 10:47am today
Comment 8 of 33

Wait what? She cheats on him, initiates a divorce he clearly doesn't want, yet she gets the kids?
Posted by: Blade of Grass 10:45am today
Comment 7 of 33

The house the kids the money and now its body parts. Next it will be our very soul. I'm not bitter. ;-)
Posted by: Wallace J Wombat of Bushland Burrows 10:45am today
Comment 6 of 33

women … Nice guys finish last.
Posted by: Jack of Melbourne 10:39am today
Comment 5 of 33

he should at least get the money!! poor guy, feel so sorry for him… She sounds so cold hearted!! He saved her life and he did it with out hesitation, he's her hero!! Makes you sick to know she could just forget about something like that and file for divorce.
Posted by: Tom of adelaide 10:19am today
Comment 4 of 33

Maybe he could also argue for access to the kidney and then negotiate better access to his children (kids)and relax his demand for access to the kidney.
Posted by: jack 10:09am today
Comment 3 of 33

Yes. He should get it back. Its his kidney and he wanted his wife to survive with this and its true only until she was his wife. He should also get compensation from her for cheating on him despite his extra dedication. Its a rare case and would like to know the rest of the story.
Posted by: Muhammad Rahman of Sydney 10:06am today
Comment 2 of 33

good on him. he should get it back
Posted by: mick 9:47am today
Comment 1 of 33


When you are swimming down a creek and an eel bites your cheek, that's a Moray.
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