A New York heart surgeon is taking his soon-to-be-ex wife to court in an attempt to reclaim his donated kidney.
An exceptionally bitter divorce case has hit the headlines this week after a doctor summoned his estranged wife to court in an attempt to demand his donated kidney back.
Dr Richard Batista, vascular surgeon at New York’s Nassau University Medical Centre, chose to go public with his unprecedented settlement demands in a last-ditch attempt to speed up his divorce proceedings.
With the help of his lawyer Dominick Barbara he hopes to reclaim £1million ($1.5million) in compensation for the donated organ, the value he places on his ‘gift’.
"In theory we actually asked for the return of the kidney. Of course he wouldn't really ask for that but the value of it." commented Barbara in a press interview.
Batista separated from wife-of-10 years, Dawnell, in 2005 over claims she had an affair with her physiotherapist. He maintains that since serving him the divorce papers – while he was in the operating theatre carrying out heart surgery no less - she has treated him unfairly and refused him access to the couple’s three children, aged 8,11 and 14.
While neither Dawnell nor her divorce lawyer, Douglas Rothkopt, have been available for comment it is known that Batista’s donation saved his wife’s life after two previous kidney transplants failed.
Batista is on record as saying: "My first priority was to save her life. The second bonus was to turn the marriage around.
"I saved her life and then to be betrayed like this is unfathomable. It's incomprehensible."
The case, which rather unsurprisingly is the first of it’s kind, is set to be heard at the Supreme Court in Mineola, New York. However, few expect compensation to be granted as the sale of organs in the USA is forbidden.
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Comments (8)
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It sounds as though the husband has been betrayed. However, the courts will probably not give him anything and will give the wife everything, as this is what ususally happens.
I don't know much about the situation, but I think that the man is just trying to get back at his wife for finding someone else. Just because he gave her a kidney, doesn't mean she is suppose to forever be his. Yes, she should be very grateful for what he done for her, but it doesn't mean that she should have to stay with him forever if there is no love for him from her.
Anna L. Richard
10th Jan 2009 17:15
HA! HA! HA...This is hilarious! Pay up, fellow and leave like a MAN! You gave your kidney, no one forced you to. You sound like a candidate for murder to me. Get a life! Like all men, you ask for the impossible. They all idolize MONEY. I'll bet this one is a hard-headed Republican(they worship money ).
Lillian Carlisle
10th Jan 2009 18:33
I think if he's like any surgeon ive ever met, He will get that back in 2 bouts in the ooperating room. Let the hairbrain go. Good ridance!!!
ROBERT BOATH
11th Jan 2009 09:49
i think the doctor is wright to sue his soon to be ex wife to do this to anyone is disgusting but to do it to a man who has saved your life is beyond resoning so i say sue the ceating sl-t good on him
Sue UK
15th Jan 2009 08:37
This man should be struck off purely on humanitarian grounds -
Marraige never turns around. I t is either there and flourishes, or never there. Whatever it is that you may try or bargain with will not recover something which is not there. I understood by Barbara's statement that your marraige was doubtful before you gave your ex the kidney, it is all Benevolence!
CoraReynolds
24th Jan 2009 21:26
Funny how some men see a woman's CHOICE to make her own decisions when it comes to her partner, and get divorced, as ''disgusting'' and a ''betrayal''. I didn't know there was a moral obligation to waste your life besides someone you don't love just cause you two once cut a cake and signed a paper.
