Superior Court Enforces Venue-Selection Clause in Transferring Medical Malpractice Action Out of Philadelphia County
In a unanimous Opinion, the Superior Court, in Somerlot v. Jung, upheld an Order of the Court of Common Pleas of Philadelphia County transferring venue of a medical malpractice action to the Bucks County Court of Common Pleas based upon a valid venue-selection clause. The Court’s Opinion provides an avenue for health care providers located outside of Philadelphia County to limit forum-shopping by plaintiffs in medical malpractice actions. A summary of the Opinion follows.
Prior to her surgery, the plaintiff entered into an agreement with the health care providers that included a provision that plaintiff was required to pursue any legal claims related to the treatment rendered by the health care providers in the Court of Common Pleas of Bucks County. Plaintiffs, nevertheless, commenced their medical malpractice action in Philadelphia County. The trial court held that venue should be transferred to Bucks County based upon the valid venue-selection clause.
In upholding the trial court’s Order, the Superior Court held that contract law trumps the Rules of Civil Procedure governing venue – specifically, Rule 1006(c). As a result, plaintiffs’ actions in bringing their medical malpractice action in Philadelphia County breached that contract.
Importantly, the Superior Court dismissed plaintiffs’ arguments that the health care provider was required to provide an opt-out provision with regard to the venue-selection clause, as there is no case law requiring an opt-out provision. The Court further dismissed arguments by the plaintiffs that the venue-selection clause was unclear and unconscionable.
In 2023, the Supreme Court repealed Rule of Civil Procedure 1006(a.1), which previously restricted medical malpractice lawsuits to the county where the alleged negligent treatment occurred. Following the repeal of that Rule, the number of medical malpractice cases filed in Philadelphia County skyrocketed. This case presents a significant opportunity for health care providers outside of Philadelphia County to combat the ever-growing number of lawsuits filed in Philadelphia County where venue properly lies elsewhere.
If you have any questions concerning this Opinion, please contact A. Bryan Tomlinson, Principal, Professional Liability Department, or Karyn D. Rienzi, Co-Chair, Appellate Department.
Read more about this case in the articles featured in Law 360 and The Philadelphia Inquirer.
Kang, Y. Peter. "No Philly Clause is Valid in Med Mal Case, Pa Panel Says." *Law 360*, 30 July 2025, https://www.law360.com/articles/2371310/no-philly-clause-is-valid-in-med-mal-case-pa-panel-says
Brubaker, Harold. "Pa. Superior Court Ruled That a Patient Waiver Restricting Where Doctor Can Be Sued is Valid." *The Philadelphia Inquirer*, 6 August 2025, https://www.inquirer.com/health/superior-court-medical-malpractice-waiver-venue-philadelphia-20250805.html
