You want what back...........:)

**Second Chance** · 01-08-09, 07:42 AM

GARDEN CITY, N.Y. — When his wife needed a kidney transplant, Dr. Richard Batista gave her one of his, attorney Dominic Barbara said.

Now that Dawnell Batista has filed for a divorce, Richard Batista wants his kidney back as part of his settlement demand. Or, Barbara said Wednesday, his client wants the value of that kidney: An estimated $1.5 million.

The case is being heard in Supreme Court in Mineola, N.Y.

Barbara said his client, a 49-year-old doctor from Ronkonkoma who graduated from Cornell University Medical School in 1995, married Dawnell Batista on Aug. 31, 1990. The couple had three children, now ages 14, 11 and 8.

After she had two failed transplants, Barbara said, his client donated a kidney to his wife in an operation at the University of Minnesota Medical Center on June 18, 2001.

Richard Batista said his marriage at the time was on the rocks because of the strain of his wife's medical issues.

"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."

Dawnell Batista, 44, of Massapequa, filed for divorce in July 2005, Barbara said.

Neither she nor her attorney, Douglas Rothkopf, of Garden City, could immediately be reached for comment. A receptionist at Rothkopf's office said he was in court.

Medical ethicists agreed that the case is a nonstarter. 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 Center 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 United States 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.

"It's her kidney now and ... taking the kidney out would mean she would have to go on dialysis or it would kill her," Veatch said.

Nor can you assign a subsequent monetary value to an organ, Caplan said. "There's nothing later (you can get) in terms of compensation if you regret your gift," he said.

Can you say ugly divorce...................lol

**Odd** · 01-08-09, 07:52 AM

This guy isn't dragging his former wife and kids through a cesspool of pettiness. Not at all.

May a mule kick him. Head, remaining kidney, either would benefit mankind.

**Captain America** · 01-08-09, 09:12 AM

Paging Judge Judy. Judge Judy your needed in the courtroom , please.

**Buttercup** · 01-08-09, 09:29 AM

I'm sure that their children are really proud of him.

**kjlaw** · 01-08-09, 09:44 AM

Ain't that a pisser. F him they should give his other kidney to someone.

**irishmick** · 01-08-09, 11:43 AM

Wow. He can't find anything else to go after her for? I'm going to go ahead and call him an asshat.

**snuffy2202** · 01-08-09, 12:10 PM

She should send him a cow's kidney in the mail every week until he gives up his ridiculous fight.

**Ryan** · 01-08-09, 01:06 PM

Although asking for the kidney back is insane, the woman did accept the gift that saved her life then proceeded to sleep with her physical therapist who was helping her recover from the kidney transplant. She is a whore, and needs a kick in the vag, but he shouldn't be dragging the kids through something like this

**Buttercup** · 01-08-09, 01:11 PM

Originally Posted by Ryan

Although asking for the kidney back is insane, the woman did accept the gift that saved her life then proceeded to sleep with her physical therapist who was helping her recover from the kidney transplant. She is a whore, and needs a kick in the vag, but he shouldn't be dragging the kids through something like this

The therapist was helping her recover from an injury sustained while she was trying to earn a black belt.

http://www.nydailynews.com/ny_local/...sta_to_es.html

**Xiphos** · 01-08-09, 01:19 PM

I think her kidney and his remaining one, should both be donated to non-oxygen-thieves.

**Captain America** · 01-08-09, 01:24 PM

Originally Posted by Xiphos

I think her kidney and his remaining one, should both be donated to non-oxygen-thieves.

+1

**Ryan** · 01-08-09, 02:11 PM

Originally Posted by Buttercup

The therapist was helping her recover from an injury sustained while she was trying to earn a black belt.

http://www.nydailynews.com/ny_local/...sta_to_es.html

I was posting from memory. Sorry about that

**Captain America** · 01-08-09, 02:30 PM

He claims that the divorce papers were served to him while he was in middle of an operation trying to save the life of a patient. If true , how would you like to be that patient. "Trying" is how he phrased it in a statement he made to the press.

**Jenna** · 01-08-09, 02:32 PM

Originally Posted by Captain America

He claims that the divorce papers were served to him while he was in middle of an operation [b]trying[b] to save the life of a patient. If true , how would you like to be that patient. "Trying" is how he phrased it in a statement he made to the press.

That's got to be an exaggeration. What kind of hospital would allow someone to interrupt a surgery to serve divorce papers?

**Buttercup** · 01-08-09, 02:35 PM

Originally Posted by Jenna

That's got to be an exaggeration. What kind of hospital would allow someone to interrupt a surgery to serve divorce papers?

Someone help me - I agree with Jenna!

That had to be an exaggeration, plus as far as I'm concerned if he was performing surgery he was simply doing his job. They both sound like jerks, I feel sorry for the children.

**Jenna** · 01-08-09, 02:36 PM

Originally Posted by Buttercup

Someone help me - I agree with Jenna!

**Captain America** · 01-08-09, 02:50 PM

Originally Posted by Jenna

That's got to be an exaggeration. What kind of hospital would allow someone to interrupt a surgery to serve divorce papers?

Originally Posted by Buttercup

Someone help me - I agree with Jenna!

That had to be an exaggeration, plus as far as I'm concerned if he was performing surgery he was simply doing his job. They both sound like jerks, I feel sorry for the children.

I have trouble believing it myself. They wouldn't let anyone that isn't part of a surgery team that hadn't been scrubbed down near the operating room. I don't see a surgeon leaving the operating room to go get served his divorce papers either. Nevertheless , FoxNews.com has statements by him claiming such in their story on the idiots. B'cup is right they both sound like jerks and the poor children have morons for parents.

**Bob Loblaw** · 01-08-09, 04:22 PM

Jim Rome was reading an article about this deal on his show today, and supposedly this all happened after the doc found out she was cheating on him. I'm gonna go out on a limb here, but if your husband gives you a kidney, you should probably make a lifelong committment to stop banging other dudes. Not that he's much better, but I'm just sayin'.....

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