In a recent decision from the Philadelphia Court of Common Pleas in the matter of Somerlot v. Jung, Sept. Term 2023, No. 3138 (C.P. Phila. Co. Nov. 25, 2024 Bright, J.), a personal injury case involving alleged surgical malpractice was transferred to Bucks County based on a forum selection clause signed by the plaintiff before surgery. This decision is a reminder of how critical pre-treatment paperwork can be, even in major injury claims.
Background: Spinal Cord Surgery Gone Wrong
In this case, the Plaintiff, Saramari Somerlot, sued Dr. Soon Jung and SEPA Pain & Spine after a spinal cord procedure on October 1, 2021, allegedly left her with severe injuries. She filed the medical malpractice claim in Philadelphia, where many plaintiffs prefer to litigate due to Philadelphia’s experienced judiciary and large jury pools in complex injury cases. But both the plaintiff and the defendants reside in Bucks County. And, critically, the plaintiff had signed a pre-operative consent form that included a venue clause stating that any legal claims must be brought in Bucks County.
The Legal Issue: Can a Forum Selection Clause Limit a Patient’s Rights?
The key issue in this case was whether a forum selection clause in a medical treatment agreement could override the plaintiff’s choice to file in Philadelphia. Defense attorneys argued the signed form was binding. The plaintiff’s legal team challenged that, trying to keep the case in Philadelphia, which is often viewed as more favorable to medical negligence victims.
After reviewing briefs from both sides, the trial court agreed with the defendants. It ruled that the venue clause was valid and transferred the medical malpractice case to Bucks County.
How a Hidden Clause Can Undermine Your Right to Choose Where You Sue for Medical Malpractice
When patients walk into a medical office for surgery or treatment, they rarely imagine that they’re signing away more than just a consent to care, they may also be waiving crucial legal rights. That’s exactly what happened in the recent Medical Malpractice case of Somerlot v. Jung, where a severely injured patient was stripped of her choice to pursue justice in her home county.
This case is a powerful reminder of how the documents you sign before surgery can affect your legal rights, including where your case can be heard.
Why It Matters: Venue Can Shape the Outcome of Your Personal Injury Case
In personal injury and medical malpractice cases, venue matters. It affects:
- Access to experienced courts
- Availability of specialized juries
- Speed of litigation
- Trial costs and convenience
Forum selection clauses buried in pre-surgery paperwork can strip patients of this choice, pushing them into counties where medical defendants may be more familiar, local juries less sympathetic, or court backlogs longer.
The Hidden Risk in Consent Forms
Many patients are unaware that when they sign a surgical consent form, it might include more than medical disclosures. It may contain legal provisions waiving important rights like where you can sue if something goes wrong.
In Somerlot, this small-print clause changed the entire legal landscape for the Plaintiff, effectively giving the medical provider the home-field advantage.
Protecting Your Rights
As personal injury attorneys, we strongly recommend that patients:
- Read all medical consent forms carefully, or have a loved one help review them.
- Be wary of clauses that limit venue or waive jury trials.
- Contact a lawyer immediately if you suspect you’ve been harmed by medical negligence.
If you’ve signed a document with a forum selection clause, you may still have options. But timing and legal strategy are critical.
Takeaway: Do Not Give Up Your Rights in the Event of Medical Malpractice
The Somerlot case is a cautionary tale: patients need to know that their legal rights including where they can sue, can be altered by a form they sign on the way into surgery. In the fight for justice, choice of venue is not just procedural—it can be pivotal.
Don’t let a hidden clause in your treatment paperwork limit your rights. If you’ve suffered harm from a medical procedure, call our office today for a free consultation with an experienced medical malpractice attorney at Anzalone & Doyle Trial Lawyers. We’ll review your case, including any documents you signed, and fight to make sure your claim is filed in the most favorable court available.
Need Legal Help After a Surgical Injury or Other Medical Malpractice Event?
If you or someone you know has suffered a Surgical Injury or Other Medical Malpractice Event, it may be time to consult with a legal professional to discuss your options. The team of Medical Malpractice attorneys here at Anzalone & Doyle Trial Lawyers has the knowledge and experience to help those injured through no fault of their own protect their rights and hold those responsible for the injuries accountable. Contact Anzalone & Doyle Trial Lawyers today to explore your options for pursuing justice.
