Unfortunately, the press has given much too much coverage of the Nassau County divorce case,
Batista v. Batista.
That's the one where the defendant doctor wanted monetary compensation for donating a kidney to his wife. (Or he wanted the kidney returned--but that probably wasn't his first choice).
Well, a decision has been rendered, and the wife gets to keep the kidney, and the husband, doesn't get paid for it. In fact, in the decision, the court notes that by even making the demand for compensation for the donated organ, the defendant doctor may have run afoul of the Public Health Law, and could theoretically be subject to a criminal charge.
The decision noted:
In pertinent part Public Health Law §4307, the controlling statute, provides:"It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer for valuable consideration any human organ for use in human transplantation. The term human organ means the human kidney, liver, heart, lung, bone marrow, and any other human organ or tissue as may be designated by the commissioner but shall exclude blood. *** Any person who violates this section shall be guilty of a class E felony.Then the court stated:
Thus, the defendant's effort to pursue and extract "monetary compensation therefor" (¶18, supporting affirmation of Dominic A. Barbara, Esq. [1/11/09]) not only runs afoul of the statutory proscription, but, conceivably, may expose the defendant to criminal prosecution thereunder. The fact that such a demand was even made, makes divorce attorneys look like clowns. The fact that the press covered such nonsense, makes the press look like the publicity agents for clowns.
Creativity in the representation of clients can be a good thing, but until false red noses and giant shoes become the standard dress of the divorce bar, it's a good idea to rein creativity with decorum and dignity.
What do you think? Let me know at http://justiceneversleeps.net
