Philadelphia Trial Court Rules in Favor of Transfer of Med Mal Case to New Jersey Under Doctrine of Forum Non Conveniens

In the case of Duxbury v. Reconstructive Orthopedic Assoc., June Term, 2023 No. 1031 (C.P. Phila. Co. Feb. 10, 2025 Bright, J.), the trial court issued a Rule 1925 Opinion in support of its decision to transfer this medical malpractice case under the doctrine of forum non conveniens.

The Plaintiffs sued the medical Defendants for professional liability arising out of alleged negligence in the treatment of the Plaintiff’s complaints of back pain.

The trial court noted that it had ruled in this fashion where weighted reasons supported the dismissal of this Philadelphia County case and the re-filing of the action in New Jersey, which was where the Plaintiff received medical treatment and where the Plaintiff’s medical providers, medical records, and most potential witnesses were located.

While certain Defendants had their principal place of business and corporate headquarters in Philadelphia, and while one of the Defendant physicians was licensed to practice in Pennsylvania and had certain other connections to the state of Pennsylvania, the court found that other factors weighed more heavily in the decision to dismiss the matter and ordered that the case to be refiled in New Jersey.

The trial court noted that it had granted the Defendant’s motion and directed that the action refiled in New Jersey.

In this Rule 1925 Opinion, the trial court requested the appellate court to affirm the trial court Order dismissing the matter under the doctrine forum non conveniens.

Anyone wishing to review a copy of this decision may click this LINK.


Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (April 30, 2025).