A recent precedent setting state Superior Court ruling could shift the tides as it relates to an increase in venue shopping for medical malpractice lawsuits in the Commonwealth.
The case in question, Somerlot v. Jung, centers around a patient who prior to having a spinal procedure signed a waiver stating that if the surgery did not go as planned, she would only be able to file suit in the county in which the procedure took place (which in this case was Bucks County). The outcome of the surgery resulted in the patient being paralyzed from the chest down. She went on to file a medical malpractice suit in Philadelphia. A trial court ordered the case be transferred to Bucks County – citing the signed waiver which it held constituted a contract. The Superior Court agreed with the trial courts’ opinion, upheld the decision, and rejected the argument that the rules of civil procedure should have controlled where the case was filed.
The Superior Court’s ruling could have a limiting effect on medical malpractice venue shopping in the Commonwealth – which has spiked following the Supreme Court’s reversal of the med mal venue rule in 2023.
In a Philadelphia Inquirer article covering the decision, PCCJR Executive Director Curt Schroder highlighted the significance of the case, noting, “Today we see more and more contractual venue provisions contained in medical documents. This case verifies their enforceability.”
PCCJR is watching to see if this case is appealed to the PA Supreme Court.