FROM VICTIM TO VILLAIN: WOMAN

ANESTHESIA RESIDENT TERMINATED IN

AFTERMATH OF REPORTING RAPE
By Linda Brodsky // May 30, 2013 Categories // Blog Feature, WMDR News

Albuquerque, NM. May, 2013.

Imagine being raped by your senior resident. What would you do?
Do you report it to your supervisors? Go to the police? Go to a rape crisis center? Or would you try
to carry on the next day because you are the only one who has certain duties that need to be done?
Or do you keep quiet because you are afraid of the negative publicity and treatment that might befall
you, your department, and your medical center?
This is not an idle question. This is not a suggestion for a made for TV movie. This isreal life
dramafor some, and nightmare for at least one, now being played out in the courtroom four years
after the incident. And Dr. Cynthia Herald, former anesthesia resident, was right. After being
raped by another resident, she reported that rape to officials at the Health Sciences Center. They
listened and even had the meeting recorded professionally with a court reporter present. But that
record was shredded. As was any hope that this woman, who dared to report her concerns to
officials, would ever finish her program.
And within a short period of time she went from a victim to a villain. Not surprisingly she sought
professional counseling. She received medication to help her through the nightmare. Her excellent
professional performance recorded in the first year continued. The night after the rape she attended
the anesthesia pre-op clinic because she was the only one available. She was committed to
carrying-on.
And then, she was accused of being impaired. Urine testing failed to confirm this, however they
claimed that the test that they performed was done incorrectly. Nonetheless she was abruptly
relieved of her duties and terminated.
She is in court with her claims of wrongful termination.
So Dr. Herald goes from rape victim to villainan impaired physician merely for taking prescribed
medications. She is abruptly removed from her duties and a series of almost farce-like incorrect
procedures in order to prove that she is impaired. And then she is terminated. Her first year of
residency was stellar and until the rape she was doing very well. But the university had to get rid of
her. Too much liability.
It takes incredible strength of character to stand up and fight for your rights. Dr. Herald could have
felt shame that she didnt do this or didnt do that after the rape incident. She could have believed
their allegations and let them terminate her without at least a fight. But she didnt.
 It is unlikely that she will ever work again as an anesthesiologist. And perhaps even as a
physician. Pre-medical preparation, four years of medical school, and two years of training all
gone. And then waiting for the system to take up her claims, another 4 years. This is beyond
outrageous.
Could there be another side to the story? There is always another side, but as it is emerging in
testimony, it is not very flattering or convincing. Why is the university trying to keep out evidence
about the behavior of the alleged rapist? Why have they previously threatened potential
witnesses in other cases when they have found themselves in court?
It is very important for women physicians, especially those lower in the pecking order, such as
residents, to be very careful. Be mindful of the hierarchy, of the rules (written and not), and of the
way some institutions and organizations favor the group over the individual and favor form over
substance. Issues of professionalism, accusations of being a disruptive physician, or making claims
of unfair treatment can all end in a nasty way. A victim can easily become the villain. Lets hope
that for Dr. Herald, she rises to victor. Good luck, Dr. Herald.

1. Dr Richard Willner / September 26, 2013

We have been working with Cyndi for months now and in spite of the fact that she was terminated as
a Resident and 4 years passed, I am confident that we can get her Licensed and get a new
Residency.
Thank you, Linda, for this referral.
Richard Willner
The Center for Peer Review Justice
Doctors are our Patients
http://www.PeerReview.org
info@PeerReview.org
HOTLINE: 504-621-1670
2. ee / June 26, 2013
Why isnt the actual progam/hospital identified so that the reader cancontact and exert pressure
upon the institution.
3. DA Rydland MD FACOG / June 1, 2013
Good for her for standing up to the establishment. They can absolutely hurt you over and over. I
hope you win in the end. Been there.