Divorcing husband wants kidney back | Bellevue divorce attorney


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4/11/2009
Andrew Kim
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49 year old Dr. Richard Batista from Ronkonkoma, New York was married to Dawnell Batista and they had three children now ages 14, 11 and 8. 

His wife needed a kidney transplant and so Dr. Batista gave her one of his, even though their marriage was on the rocks at that time.  "My first priority was to save her life," Batista said. "The second bonus was to turn the marriage around."

After Dawnell Batista filed for a divorce, Dr. Batista changed his mind and wanted his kidney back as part of his property settlement demand or the value of that kidney which he estimated to be worth $1.5 million.

It is highly unlikely if not impossible according to medical ethicists that the husband will either get his kidney back or get money for it.  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.

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


The Andrew Kim Law Firm, PLLC handles divorce cases involving property disputes, although nothing quite as strange as this one in Seattle, Bellevue, and all Eastside cities of King County, Washington.  Call us at (425) 289-1990 for an initial free consultation.



Category: Divorce


1 Comments to "Divorcing husband wants kidney back | Bellevue divorce attorney"

I doubt there really is anything an attorney can do for that man now that the definitions of a gift means you cannot expect it back. Perhaps it is prudent to think about who you donate your organs to, or better yet, just accept the fact that you have saved a life.
Posted by Mariov on April 25, 2012 at 03:04 AM

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