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People v. Klvana

11/30/1992

COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE.


Nos. B048085, B065578


1992.CA.40155 ; 15 Cal. Rptr. 2d 512; 11 Cal. App. 4th 1679


Decided: November 30, 1992.


THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MILOS KLVANA, DEFENDANT AND APPELLANT. IN RE MILOS KLVANA ON HABEAS CORPUS.


Superior Court of Los Angeles County, No. A791288, Judith C. Chirlin, Judge.


Bruce Daniel Rosen, under appointment by the Court of Appeal, for Defendant and Appellant.


Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Acting Assistant Attorney General, Marc E. Turchin and Paul C. Ament, Deputy Attorneys General, for Plaintiff and Respondent.


Opinion by Aranda, J., with Spencer, P. J., and Ortega, J., Concurring.)


Aranda


Milos Klvana, a licensed doctor who practiced obstetrics, appeals from the judgment entered following a jury trial in which he was


convicted of nine counts of second degree murder (Pen. Code, § 187, subd. (a)), five counts of aiding and abetting the practice of medicine without a license (Bus. & Prof. Code, § 2053), one count of conspiracy to practice medicine without a license (§ 182/Bus. & Prof., § 2053), nineteen counts of preparing a fraudulent insurance claim (Ins. Code, § 556, subd. (a)(3)), ten counts of presenting a false insurance claim (Ins. Code, § 556, subd. (a)(1)), two counts of grand theft (§ 487, subd. (1)), and two counts of perjury (§ 118). Klvana has also filed a petition for a writ of habeas corpus. (B065578.) We affirm the judgment and deny the petition.


Background


Viewed in accordance with the usual rules on appeal (People v. Barnes (1986) 42 Cal. 3d 284, 303 [228 Cal. Rptr. 228, 721 P.2d 110]), the evidence presented at trial established that Klvana attended medical school in Czechoslovakia and obtained a degree in 1967. He began a four-year residency at Downstate Medical Center (Downstate) in New York on July 1, 1972. In 1975, while a third year resident, Klvana took the Council on Resident Education in Obstetrics and Gynecology (CREOG) examination; he performed poorly on this examination. Klvana's deficient medical judgment, including one incident where he administered labor-inducing medication


(Pitocin) to a woman whose pelvis was inadequate to permit a safe vaginal delivery, precluded him from becoming chief resident, and he resigned from Downstate without completing his fourth year of residency. Klvana was informed that he was ineligible to take the board certification examination for obstetrics since he failed to become chief resident.


On June 2, 1975, Klvana applied for a California medical license, which was granted on October 31, 1975. In January 1976, Klvana was accepted into a two-year anesthesiology residency at Loma Linda University Hospital (Loma Linda). According to Dr. Bernard Brandstater, chief of Loma Linda's anesthesia department, although Klvana performed well during his first three months, Klvana then began to study less energetically and became less devoted to the details of patient care in the operating room, sometimes exhibiting indifference to patient safety. Dr. Brandstater c

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