Like trends that begin in Paris, Florida law is sometimes influenced by other states. In New York, a contested divorce is pending between a Long Island, New York doctor (Dr. Richard Batista) and his wife.
A Long Island doctor whose wife dumped him for her physical therapist after he gave her his kidney is suing the mother of three for the $1.5 million that he claims the organ is worth. Having donated his kidney to save his wife’s life in 2001, Mr. Batista feels he is owed compensation for his selfless act.
According to the story reported on Fox News, this is the first of its kind in New York. However, the idea is not so out of the ordinary for many spouses who have provided life through their own body part donations or supported their spouse through tedious treatments and doctor appointments. The concept of compensation for supporting life, when they have been betrayed by the donor is one we will most likely see arise in the future here in Florida.
Here, the New York man, nor his attorney, determined the figure. Instead, the use of a medical expert reviewed the information and determined a value for the body part. While Florida Statutes do not raise this for divorce actions, there is nothing in the law that stops an individual from seeking compensation through a civil suit.