Raul Ernesto Loaisiga and Raul Ernesto Loaisiga, M.D., P.A. v. Guadalupe Cerda

**What Happened** Guadalupe Cerda filed a lawsuit against Dr. Raul Ernesto Loaisiga and his medical practice, alleging that the doctor sexually assaulted her during medical examinations. Cerda brought multiple claims including assault, negligence, and intentional infliction of emotional distress against both the doctor personally and his medical practice. **What the Court Decided** The appellate court made an important distinction between the two defendants. The court ruled that claims against Dr. Loaisiga personally could proceed because they were based on alleged criminal sexual assault, not medical malpractice. However, the court dismissed the claims against the medical practice (the P.A. entity) because there was no valid legal basis to hold the business liable for the doctor's alleged personal misconduct. **Why This Matters for Workers** This case shows that when workplace sexual assault occurs, victims may have different legal options depending on who they sue. Claims against individual perpetrators for criminal behavior may be easier to pursue than claims against employers. However, it also demonstrates that holding employers accountable for employee misconduct can be challenging and may require proving the employer was negligent in hiring, supervising, or retaining the employee.