PA Superior Court Upholds Medical Liability Venue Selection Agreement 

The Pennsylvania Superior Court upheld a Bucks County trial court ruling that a medical services agreement venue selection clause between a physician and a patient is valid and enforceable. The state Supreme Court scrapped the previous medical liability venue rule that required plaintiffs to bring suit in the county of the alleged injury effective January 2023. Since then, medical liability lawsuits have skyrocketed in Philadelphia as trial lawyers bring suburban cases to the city for higher payouts or settlements.

In response, many physician practices have included choice of venue clauses in their medical services agreements. These venue clauses specify the county in which a liability lawsuit may be filed. Most physicians deem their home or practice county if they practice is outside of Philadelphia, Pittsburgh, or other high payout jurisdictions.

In Somerlot v Jung, the physician practice and the patient were in Bucks County. Ms. Somerlot attempted to sue Dr. Jung for malpractice in Philadelphia County. Dr. Jung successfully moved the case to Bucks County per the medical services agreement venue selection clause signed by Ms. Somerlot. On July 30, Pennsylvania’s Superior Court ruled that the venue selection clause, signed by Plaintiff Somerton, was valid and upheld the Bucks County Common Pleas Court’s action moving the case from Philadelphia to Bucks. An appeal to the Pennsylvania Supreme Court is expected.

This ruling is a major victory for Pennsylvania’s medical community and PAOrtho members. PAOrtho has been warning the state government about the looming medical liability insurance crisis that is emerging since the state Supreme Court reinstated trail lawyer “venue shopping”. We work for you in Harrisburg and beyond. Please continue to support PAOrtho and our mission.

Please consult your practice’s counsel for further information on how to protect yourself and your practice.