In the medical malpractice case of Somerlot v. Jung, No. 2578-EDA-2024 (Pa. Super. July 30, 2025 Lazarus, P.J., Kunselman, J., and King, J.) (Op. by Kunselman, J.), the Pennsylvania Superior Court affirmed the validity of forum selection clauses in informed consent forms.
According to the Opinion, in this personal injury action, the Plaintiff had undergone treatment with certain medical providers and, under the contract entered into with those medical providers, the Plaintiff agreed that any litigation would be pursued solely in Bucks County.
Yet, the Plaintiff brought this personal injury lawsuit in Philadelphia County. The medical Defendant filed Preliminary Objections asserting improper venue.
The Superior Court affirmed the decision of the Philadelphia County Court of Common Pleas transferring the case to Bucks County based upon the forum selection clause.
The Superior Court upheld the general principle of contract law that the parties are free to pre-select among all possible proper venues as to which venue would be utilized to decide any legal disputes that might arise between them. Accordingly, the Superior Court affirmed the lower court’s decision.
Anyone wishing to review a copy of this decision may click this LINK.
Source of image: Photo by Etactics Inc. on www.unsplash.com.
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