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Husband of Dead Woman Seeks Probe

November 17, 1998

NEW YORK (AP) _ A man whose wife died after a salesman allegedly took part in her botched surgery asked the district attorney Monday to bring homicide charges against the doctors and the salesman.

Lisa Smart, 30, died a year ago at Beth Israel Medical Center during surgery to remove a benign cyst from her uterus.

The state Health Department fined the hospital $30,000, after concluding it had allowed a salesman with Johnson & Johnson to help two doctors operate on Mrs. Smart.

District Attorney Robert Morgenthau’s office is reviewing the state report on the death of Mrs. Smart, an analyst at an investment bank, spokeswoman Barbara Thompson said.

The doctors’ failure to heed warnings from nurses during the surgery are grounds for charges of reckless manslaughter, criminally negligent homicide and unauthorized practice of medicine, said Marshall Trager, lawyer for Mrs. Smart’s husband, Anderson.

After the death, Beth Israel put one doctor on probation and suspended another, who later resigned.

Smart has also sued the hospital, doctors and Johnson & Johnson.

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